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Intellectual Property | Trademarks

Overview

Trade Marks are often referred to as brand names or brands. A trade mark is a word, phrase, logo, sign or symbol that identifies goods or services as coming from or being provided by a particular trader. A trade mark is used to distinguish the goods and services of one trader from those of another. A registered trade mark gives you the legal right to use, license or sell goods and/or services bearing the trade mark, for that which it is registered, and to exclude unauthorised persons from using the trade mark in connection with those goods or services.

There are a number of requirements relating to the registribility of a trade mark application. The principal requirements in relation to registrability are:

• A trade mark must be capable of distinguishing the applicant's goods or services, and does in fact distinguish them.
• A trade mark cannot contain or consist of scandalous matter be contrary to law.
• The use of the trade mark in relation to particular goods and services must not be likely to deceive or cause confusion.
• The applicant's trade mark must not be substantially identical with or deceptively similar to another registered trade mark or a pending application in respect of similar goods or closely related services.

Please refer to the flow chart below for information concerning the procedure involved in applying for a trade mark in Australia.