A trade mark can be a trade name, logo, sound, product colour, scent or any other distinctive mark within a particular class of goods and services.
In Australia, there are 45 distinct classes. Registered trade marks are legally allowed to use the encircled R symbol.
To be registered in Australia, a trade mark must;
- be distinct in its class, and not cause confusion among other marks;
- be non-descriptive and non-promotional, so “good shoes” cannot be registered; and
- avoid common usage words as the whole trade mark “generic words”
A trade mark allows the holder to exclude others from using the registered mark in the same class, which is why there is only on triangular shaped chocolate bar, eg, Toberlone.
Different firms can have the same mark in different classes, such as the “Lotus” trade mark name which is used by software, automobile and door companies in Australia.
Trade Mark costs
Application cost: $120
Registration fee: $300 per class
Renewal: every 10 years
Trade Mark lawyers will charge a management fee to manage the trade mark through the different phases from application to registration and certification which takes approx 7 months.
Source: IP Australia – Intellectual Property Report 2013 p. 34
How can we work together? Please contact me if you have any Trade Marks or Intellectual Property which needs to be protected.
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This Service saves you time , it is convenient, and saves on costs. Alternatively I can come and visit your Office and review your needs.
Contact me if you need assistance with logos, and trade marks of any type or application.
Contact me if you need commercial agreements, either reviewed, gap analysis or drafting, for example, Commercial and IP Agreements, Business Relationship Agreements or License Agreements.
Please contact Sweeny Legal or Brandsworth Licensing should you require any assistance with any Intellectual Property (IP) rights, Commercial Agreements of any type or IP Business Strategies.
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