White SW Computer Law
|Intellectual Property, Information Technology & Telecommunications Lawyers|
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: email@example.com Internet: http://www.computerlaw.com.au
A trade mark may be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent or a combination of any of these which is used to distinguish the goods or services provided in the course of trade by a person from those provided by another person. Trade marks are personal property and may be protected, sold or assigned.
Although it is not compulsory, you may register a trade mark with IP Australia. By registering your trade mark, you obtain the rights to the exclusive use and/or control of the use of the trade mark for the goods and services for which it is registered.
You may apply for the registration of a trade mark if you are the owner of a trade mark, and:
This is an important question.
As a starting point a basic list of classes can be found here.
Further ideas and information can be found at:
If you pick from these lists and using these tools then you are off to a good start. However, professional advice should always be sought for the best outcome.
A trade mark cannot be registered if:
If you register a business or company name which is the same as someone elses registered trade mark and your business or company trades in the same goods and services for which the trade mark was registered, legal action may be taken against you to prevent you from using the company or business name.
Ownership of a trade mark may be transferred but the transfer must be registered. You may transfer the trade mark for some of the goods and services for which it is registered, but you cannot transfer a trade mark for only a part of Australia. A trade mark may be owned by more than one person as long as all owners use the trade mark together.
Although it is not compulsory, owners of registered trade marks should mark them with the symbol: ®.
It is an offence for owners of an unregistered trade mark to represent that they are registered. They can mark them as unregistered by using the symbol: ™ , or if an application has been made it can be marked: ™
Persons living in, carrying on business in Australia, or having Australian nationality and who have a trade mark application or registration for a trade mark in Australia, may apply by single application for international registration and protection of their trade mark in one, some or all of the other Madrid protocol member countries.
When you purchase a trade mark you should ensure that you get:
The following are important issues to consider:
If a registered trade mark is not used someone may apply to have the registration cancelled.
This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquires and seek appropriate legal advice.