How Can I Use One Trade Mark for Different Products?
Emily Young
Intellectual property (IP) is critical to your business’ success. Therefore, you must protect it adequately. One such way to protect your brand is by registering a trade mark. If your business has multiple goods and services offerings, you might wonder whether you can use a single trade mark for all your goods and services. This article will take you through using one trade mark for various products.
What is a Trade Mark?
A trade mark refers to one type of IP protection that helps to distinguish your products and services from your competitors. A registered trade mark provides you with the exclusive right to use and commercialise your trade mark, including licensing and selling it. A trade mark protects your brand legally and is an excellent marketing tool. Indeed, this helps your brand stand out from your competitors. Further, a trade mark can increase your business’s credibility and brand value. This can be beneficial if you later choose to sell your business.
You do not have to register a trade mark for it to be valid. However, registering your trade mark has several benefits. This includes making your trade mark more legitimate and providing an easy avenue to prove your trade mark is rightfully yours.
Consider you are involved in a trade mark dispute. In this case, registering your trade mark makes the process of resolving the dispute much more manageable.
Can I Use One Trade Mark for Different Products?
The trade mark process can be time-consuming and sometimes expensive, so you may wonder if you can use one single trade mark for all your goods and services offerings. In short, it is possible to use one trade mark for different products.
However, this depends on you registering your trade mark appropriately and understanding the function of trade mark classes.
Trade Mark Classes
When applying to register your trade mark, you must select one or more trade mark classes that you will use your trade mark. There are 45 trade mark classes, divided into 34 classes of goods and 11 classes of services, under the Nice trade mark classification system.
Furthermore, selecting your trade mark classes is an integral part of the registration process. This is because your trade mark is only protected for the classes, goods, and services you have chosen. For example, if you have a clothing business and want to register your logo for the entire line, you must select all the applicable trade mark classes. Failure to select all the relevant classes or choosing the incorrect classes may put your brand at risk.
Can I Register My Trade Mark Under All Trade Mark Classes?
When selecting your trade mark classes, it is essential to consider that having a trade mark means you have to use it. If you do not use your trade mark for the goods and services that cover it, a third party may remove it from the trade mark register.
Additionally, selecting too many trade mark classes may result in excessive renewal fees and should therefore be avoided.
Adding More Trade Mark Classes
Once you have filed your trade mark application, you cannot add additional trade mark classes to it. This would increase your trade mark’s scope of protection, which is not allowed by IP Australia. If you later decide to add another trade mark class, you would have to make an entirely new trade mark application. As such, if your business expanded, you would need to make a new trade mark application to accommodate new products or services that are outside the scope of your original trade mark application.
Key Takeaways
You can use a single trade mark for all of your goods and services. However, you must register your trade mark properly. This involves:
- including all your goods and services under the relevant classes in your application;
- using your trade mark in all the classes and goods and services it is registered for; and
- filing a new trade mark application if your product or service range later expands.
If you need assistance registering a trade mark for your business, our experienced trade mark lawyers can help. Get in touch with them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
Yes, it is possible to use one trade mark for different products. However, this depends on you registering your trade mark appropriately and understanding the function of trade mark classes. This involves including all your goods and services under the relevant classes in your application.
Trade mark classes refer to the 45 different categories of goods and services in which you can register your trade mark. Your trade mark only has protection for the classes, goods, and services you choose. Therefore, this is an essential part of the trade mark application process.