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5 Things to Know About Understanding a Trade Mark
If you are thinking about protecting your brand, it is important to understand the trade mark registration process.
Protect Your Brand
A brand can be a symbol, design, word or combination of these. Once your brand is developed, it has value, so it is important to protect it from the competition by applying for a trade mark registration.
Unique and Uncommon
Your trade mark distinguishes you from your competition. A trade mark that is too generic, or too descriptive, will not differentiate you from other brands. Nor will it be accepted by IP Australia.
Use Your Trade Mark
You do not need to have commenced trading to register a trade mark. However, IP Australia expects use of a trade mark as detailed in the application. Non-use can make your registration vulnerable to removal.
Classify Your Trade Mark
Before you can register your trade mark, you need to classify your goods and services. You need to nominate at least one of 45 classes of goods and services listed on the IP Australia site. Sometimes, several classes may apply.
Check Your Competitors
Do market research to confirm that no one else is using your proposed trade mark. Look for businesses and brands that are within your industry and expand from there. If your idea is in use, rethink your brand or logo. IP Australia's trade mark checker tool can help you get started by allowing to you search relevant goods and services classes and provide initial insights into similar trade marks.