Find out about registering a trademark as a company here.
A trade mark is a brand and is used to differentiate your products or services from other products or services. Well-known trade marks include things like Coke, the Nike swoosh, the golden arches of McDonalds, the Qantas kangaroo and even the parrot placed on your favourite packet of Arnott’s biscuits. Using a trade mark is a marketing tool that allows consumers to recognise a product or service, with the aim of them purchasing the product or service.
Some people ask us if they need a company to register a trade mark. In short, the answer is no. Any person or persons can register a trade mark as long as the person applying is to be the owner of that trade mark. For further information, keep reading.
What is a trade mark?
Trade marks can be lots of things, provided it is used or intended to be used, to distinguish goods or services in the course of trade. In other words, it must be used to differentiate a particular product or service from other competitors.
A trade mark can be words, colours, sounds and even smells and registering your trade mark provides you with protection in Australia (or the country in which you file your application) and exclusive rights to use, sell and licence the mark in Australia/that country.
It is also important to note the difference between registering a trade mark and a business name or company name. Registering a business name or company name identifies the name you trade under but it does not provide the same exclusive rights afforded to those who register a trade mark.
Who can register a trade mark?
You can apply for a trade mark as:
- an individual
- a company
- an incorporated association; or
- a combination of these (in the case of multiple owners).
The Applicant must:
- have an address for service in either Australia or New Zealand. This can either be the applicant itself or the applicant’s representative; and
- be the owner and use, or intend to use, the trade mark in relation to the goods or services referred to in the application.
How can I register a trade mark?
Prior to lodging an application for registration, a comprehensive search should be conducted to ensure that there is not a prior application that will prevent you from registering your trade mark, or a similar trade mark being used in the marketplace that you may infringe when you use your trade mark.
We can assist with this process and our trade mark professionals can undertake a clearance search to ensure that you can file and use your trade mark and lodge and manage an application on your behalf.
Attempting to steal a trade mark
Bear in mind that you can’t register a trade mark that you know is owned by a third party overseas. This is to stop people profiting off the established goodwill and reputation someone else has worked hard to accumulate in their trade mark overseas. For further information on trade mark squatting, see our update.