How Can I Use My Trade Mark for Any Product?
Emily Young
With your intellectual property (IP) being a core aspect of business success, you must protect it properly. Protecting your trade mark includes having some foresight into the future of your business’ offerings. It is common for businesses to expand over time and therefore need to increase the scope of their trade mark. Often, an existing trade mark needs to have a new trade mark class added to it. This article will take you through whether you can use your trade mark for any product.
Trade Marks
A trade mark is a way to protect your IP, with many potential benefits. These include distinguishing your goods and services from competitors by granting you exclusive rights over the mark’s use and commercialisation.
You may choose to register a trade mark for a variety of categories, including your:
- business name;
- logo;
- packaging;
- colours;
- jingle;
- scent; or
- slogan.
Registering your trade mark is also a great way to increase the value of your brand by giving your business legitimacy.
Although a trade mark can exist without registration, registering your trade mark has many benefits. For example, you can use your trade mark registration as evidence of your exclusive trade mark rights if your trade mark is infringed on. Further, evidence of registration also serves as a defence if you are accused of infringing on someone else’s trade mark. Both of these aspects are helpful as they can minimise your risk of getting caught up in a legal dispute.
Using Trade Marks for Any Product
The question of whether you can use your trade mark for any product largely depends on your understanding of the concept of trade mark classes.
When applying to register your trade mark, you must select the types of goods or services you will use your trade mark for. These goods and services are classified into 34 classes of goods and 11 classes of services.
Your trade mark is protected only under your chosen classes. Therefore, selecting the right classes is vital for proper protection.
However, it is important to note that registering under as many classes as possible is usually not reasonable or practicable. When selecting your trade mark classes, it is important to consider that having a trade mark means you have to use it.
If you do not use your trade mark for all the classes you have registered it for, you risk it being removed from the trade mark register for:
- non-use; or
- for having no genuine intention to use it.
Put simply, if you do not intend to expand your business offering into other classes in the near future, it will likely not make commercial sense to apply under too many trade mark classes. Rather, you should be aware of how you intend to expand your business offering in the future. You should only register under the classes and goods/services you legitimately use or intend to use your trade mark.
Selecting too many trade mark classes has the disadvantage of excessive application and renewal fees, which could harm your business’s financial stability.
Increasing the Scope of Your Trade Mark
Once you have submitted your trade mark application, you will not be able to add additional trade mark classes or goods/services to it. This would increase your trade mark’s scope of protection, which is not allowed by IP Australia.
If you later decide you want to add another trade mark class or goods/services to your trade mark application, you would have to make an entirely new trade mark application. If your business expands, you should reapply to protect new products or services outside the scope of your original application.
Key Takeaways
It is possible to use your trade mark for any product. However, it is best to only register your trade mark with the goods and services classes under which you currently use or intend to use your trade mark. This will ensure that you:
- have exclusive rights to the use and commercialisation of your mark;
- are not infringing on someone else’s trade mark;
- are not paying excessive application or renewal fees; and
- are not at risk of your trade mark being removed from the trade mark register for non-use.
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
You can use your trade mark for any product. However, it is best to only register your trade mark under the goods and services classes you currently or intend to use it on. This will ensure that while you have exclusive rights to the use and commercialisation of your trade mark, you are not paying excessive fees or placing yourself at risk of your trade mark being removed from the register for non-use.
Trade mark ‘classes’ refer to the categories of goods and services available for registering your trade mark. The Nice classification system provides 45 different classes of goods and services. Your trade mark will only be protected under the classes and goods and services you have chosen. This makes selecting the right trade mark classes for your goods or services essential. Once you have filed your trade mark application, you will not be able to increase your scope of protection by adding trade mark classes or goods/services.