australian and international trade marks

understanding trade marks
Did you know that a trade mark is much more than just a logo?

 

 

What is a registered trade mark?
Apart from logos, a trade mark and can also be in the form of a word, a phrase, a picture and, in some cases, a shape, smell or sound.

Registered trade mark owners are able to use, license or sell goods and services under their trade mark throughout Australia and also prevent others from doing so. Trade mark registration is assignable and renewable for ten year periods.

Registered trade marks in Australia reside under a national register and provides trade mark owners with the registered right to use their trade mark in specific classes of goods and services exclusively throughout Australia.

Important: Business owners should be aware that a registered company or business name provides no legal enforceable right to that name. A registered business name, nor a company name will not give you any guaranteed legal right to stop anyone else from using your exact name or a similar representation of it.

What is a trade mark search?
The first step towards brand ownership is to search and report on whether a trade mark is eligible and available for trade mark registration.

This stage is one of the most powerful stages as it not only establishes if your proposed trade mark is capable of registration under trade mark law, but also identifies any potential risks of infringement of any prior registered trade mark rights.

Contego Trade Mark Attorneys offer a range of clearance and infringement searches including:

  • an identical name search (free of charge)
  • a basic trade mark search
  • comprehensive trade mark search

Conducting a trade mark search will allow us to determine the best filing strategy for your brand and provide any specialist advice to ensure that your application proceeds through the applications process without delay.

The trade mark application process in Australia
 

 

The trade mark application process in New Zealand
International trade mark application process