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How To Register A Brand Name In Australia – There are many websites that complicate this answer, so we’re going to cut to the chase and explain how to easily register a trademark in Australia and, if necessary, trademark worldwide in a few simple steps.
Why Trademark? – Because it provides more protection for your brand and business name than a company registration or business name registration. Legal eagles will tell you that the trademark holder trumps all other registrations and holds the old “right is 9/10ths of the law”, because proving otherwise is a costly process.
How To Register A Brand Name In Australia
1. Think smart Your brand and logo are important and if you already have one that you are interested in, we hope it has not been registered. If not, consider carefully; Is it possibly worth it?
Before Registering A Domain Name — Online Is Easy
OWNING YOUR OWN TRADEMARK OR FIGHTING AN EXISTING TRADEMARK OR… Is it time to name your brand, company, logo into something you can accurately and confidently move forward with? Can you understand?
If it’s a logo, a high-resolution JPEG (at least 600 pixels in width or length) is ready for the trademark registration process. If it’s just a word you’re trademarking, this step isn’t necessary Note – If you plan to register both the word and the logo, you must submit the logo If your logo is basically just a nice type of text, consider this trick that we learned at Legit several months ago. Place a box around it (example below). Why is this? This makes your typeface look like a finished logo Otherwise submit for word version first
3. Which category? There are 45 products and services in Australia Your trademark must be filed in one or more of these categories You can find these categories here and simultaneously search the database for keywords you think are relevant
Search here and be ruthless We have 3 options in our preferred order if your name or trademark appears in any search. ). In our opinion only (a) is worth pursuing, possibly (b).
A New All Australian .au Domain Name Is Arriving! — Online Is Easy
You may, however, prefer to spend (or waste) additional time and money and have the government or a trademark expert conduct a search for you to verify whether the trademark is suitable for registration and consultation. Check out TM Headstart or Google Trademark Registration Help
Trademark registration is simple; Click New Application on the left to go through the process online using this direct link** Once registered, the Trademark Office will be in touch with your acceptance and notice period Good luck! **Please note: As of mid-2014, the process has changed and you now need an eServices login before you can register a trademark – so a little trickier but still possible. Once you sign in to eServices (which basically only remembers your details), you should register a trademark directly (note: TM Headstart is not if you want to skip this process).
Although the above describes the process for the Australian market, if your business has potential in international markets, you need to consider these steps now and protect your brand. For international trademark registration, we recommend using the Madrid system You can do this yourself or you don’t have to pay more to have a reasonable legal firm apply on your behalf as the forms are a bit more complicated.
If you need help, or have questions, feel free to ask us We note that this page is not to be used as legal advice, we are just trying to simplify the process if you wish to complete the application yourself. Otherwise consult a trademark expert or your attorney
Country In Focus
“Great article! I’m actually in the middle of registering my migration agency in Australia and this article helps me a lot! Thanks Michael!”
“Great article! I’m in the middle of registering my own business and I’m thinking of registering a wordmark. Should I register multiple phrases or is one word enough? For example I want to call Visa, should I just ‘register Visa?’ Is it better to include ‘Visa Transfer, Visa Grant’ on an application? Thanks a lot!”
“Hi Joanna, thanks for the feedback. Ok! Find the right balance that works for you when registering, we recommend doing some research first to see what others have registered so you don’t get easily nuxed. A starter Register a supplementary registration under the trademark, first the visual mark, and then a word mark. Good luck.”
“Hi Michael, thanks for this informative article. I have a cosmetic brand that I’m currently waiting to get a trademark approved for an overarching company name (calling it the company name in this example). In the meantime, I’m thinking about individual product names. started and I’m wondering if I need to trademark each of these individual product names as well? For example I have 3 products, for simplicity let’s call them product 1, product 2 and product 3. One trademark for each product name. ie “Product 1”, “Product 2”, and “Product 3”? Or if I call them “Product 1 by Company Name”, “Product 2 by Product Name”, and “Product 3 by Company Name “, shall I then trademark each of these 3 phrases? Many thanks.”
Be Your Australian Trademark Attorney For Your Trademark By Thanhngan0308
“Hi Mel. Yes you have to trademark any brand you want to commercially protect, so products 1, 2, 3… etc. will need their own trademark application. Before you trademark your personal search helps you create your commercial strategy. Depending on where, there are similar names in Australia and possibly overseas
Hi, thanks for the great article, I have a question, say I have a brand of “fitness machines” and I’ve since noticed that someone else has the TM “fitness machines”, if I go ahead and request to register mine, it’s Could potentially cross over, and yes it’s the same product type and class.”
“If they have a pre-filed or approved TM you won’t be successful in registering the same name. If they are operating in the same area you may face a name challenge – check for that and plan ahead.”
“Hi Michael I need to trademark a logo for a pop/rock music band. We have identified about 7 classes. Can you give any advice on what to write in the actual application? I don’t think we can provide a lawyer. But if you can recommend someone for a cheaper price, that would be great.”
Understanding Trade Marks In Australia
“Hi Michael, Alas! Lawyers charge corporate fees for anything business related, you can go it alone though the key is to choose the right class and pay your fees.”
“Hello Michael, This was a really great and very informative article. Really helped simplify the trademarking process. I did a bit of research on my favorite brand name ‘LUSTR’. Initially I used this correct spelling to market women’s casual wear, sportswear and Want to make accessories. Now I’ve checked its availability using a simple trademark search, not taken by anyone selling the same product. What? My options here? Again, nice article, please!”
“Hi Jonalyn, thanks for the feedback. I’ll be registering the word mark to protect your future business. Follow the steps above, classes will require a bit of research but you shouldn’t be in too much trouble. Good luck.”
“Michael My daughter is an international athlete who has her own website. She has a certain phrase by which she identifies herself and is on her website. She recently got a tattoo of this saying. Can I trademark it? 3 words Phrases and under which category/category shall I apply for it?”
How To Register A Trademark And Patent A Business Name
Once I have registered a word, can someone else use the same sequence of words and add another word to the beginning or end of the registered word?
“Hi Nick – it all depends on the evaluation of the trademark but it seems that similar representations should have reasonable protection.”
“Hi, thanks for the article. I have an idea and a business name that I can see as a future franchise opportunity nationally and maybe internationally. I haven’t registered my business name because of the conflict on the Essic site. It shows that my business name is similar to another (although (not the same, 1 letter different) I’ve completed a trademark search on the IP website and it’s clear, no one has recognized my proposed business name. So.. .. My question is 1. Should I apply to trademark it now? 2. Once the TM is approved, do I contact ASIC to get my business name registered?
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