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Trademarking Services

A trade mark is basically a ‘badge of origin’ or ‘brand name’. It’s the ‘sign’ that one trader uses to distinguish their goods and/or services from those of other traders.

Just about any sign can be registered as a trade mark.  It can be a word or words, a logo (made up of words and imagery or style), an image on its own, a colour, a shape or an aspect of packaging.  Even smells and sounds can be registered as trade marks.

The key is to ensure that your ‘sign’ is capable of distinguishing your goods/services. In other words, it has to act as a ‘badge of origin’ for those goods or services which lets consumers and others know that the product/service belongs to you.

It stands to reason that it is more difficult to register a trade mark if it is something that other traders would genuinely need to use to describe their goods/services which are of the same or similar nature to yours, or which have the same main element or elements as yours.

By way of example, the following trade marks would be difficult to register:

• The Best Computer Shop (for retail services). Other computer shop operators are likely to need to use this phrase honestly for their own shop.
• Melbourne Chinese Restaurant (for restaurant services). Other Chinese restaurant operators in Melbourne are likely to need to inform people of their location and therefore would need to use this phrase.
• SnugFit (for clothing goods). Other clothing producers are likely to need to describe their clothes as ‘snug fitting’ and would therefore use this similar phrase.

They would be questioned on their ability to distinguish a particular trader’s goods or services from another’s.

Trade Marks may also be questioned on their capability to distinguish goods or services when they are common surnames or the names of places.   Other people with that same surname have a right to use it, as do people from a certain place have the right to use the name of that place.

In many instances, it is possible to avoid this issue by combining a ‘commonly used’ word or phrase with a not-so commonly used word or phrase (or an image/logo).  Generally, it’s unlikely that other traders would need to use that trade mark.

Simply put, registering your trade marks is the only way to be sure you have the right to use your names, logos and brands and is the only way to gain the right to license use of your names, logos and brands to other people. It can also be more difficult (and costly) to try and stop someone from using your names, logos and brands if you don’t have your trade marks registered.

The cost to register varies. The biggest factor in determining the cost is the type of products and/or services your trade mark is used to identify. All goods/service fall into ‘classes’ and fees apply per class you require. See our fees page for more information.

This is where we can help. Simply read over the Australian trade mark process and contact us when you are ready to proceed. We will take care of everything from ‘start to finish’ for you so that you don’t have to worry about it – you can spend your time focused on what you specialise in whilst we take care of what we specialise in!