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Lawyer handling trademark registration in Australia

Importance Of Trademark Registration In Australia


What is a trademark? One would ask. It is a sign that is used to make a distinction of one’s goods and services rendered during trading between someone or a business. In layman’s terms, a trademark is simply a sign that signals different consumers that products and services are owned by a particular person or business. As a result, the sign is used as a symbol that a company can use to build its brand.

That said, registering a trademark aims to protect your brand, for instance, the name of your business or logo. It can either be a unique symbol, sound, word/s, image, number, or even a particular scent to signify your products or business. After registration, a trademark allows you the freedom to use it as you please, license it, and even sell it.

In this article, we are going to discuss why you need to apply for trademark registration in Australia.

Importance of Registering a Trademark

As mentioned, trademark registration in Australia is essential for any individual and business because it secures your business or product/ service offered. Failure to register your trademark, you run the risk of someone else stealing your idea and benefiting from your business. Also, an unregistered trademark prevents you from legally expanding your business. With a registered trademark, you own the right to do whatever you want with it and even take action against those who attempt to damage your business by working with conflicting brands.

The trademark begins to generate fundamental value as your products or services become successful. Even investors evaluate the lengths you have gone to secure your brand to inject their investment. It also helps to bring out clarity during a merger or when selling the business, thus certainly impacting its apparent value.

Registering for a trademark prevents unwelcome change to the company. This is seen especially when changing the company or business name that you have worked so hard to create its reputation. In addition, once you have registered your trademark, you eliminate the risk of having another person or business stealing your identity.

Trademark Classes

While registering your trademark, you choose between 45 classes to register under. These classes are responsible for specifying the categories of goods and services that your trademark will protect. For you to be fully protected, you are required to cover a broader area by picking multiple classes. However, it is worth noting that there is a fee charged per class, so you should choose wisely. You can involve a lawyer to help in choosing the classes to ensure your business is well protected.

How to Go about Trademark registration in Australia

For you to register a trademark, ensure that it is unique. You can follow the steps below to make sure you get a proper, distinctive trademark.

First, you start by searching through the Australian Trademark search with IP Australia to ascertain that your trademark isn’t identical to any other. Then, you can identify and flag any impending marks that could clash with yours in the same class as your business.

Secondly, you can then go ahead and apply for trademark registration in Australia and pay the IP Australia levies. Here, an IP Australia examiner evaluates your trademark application. Any issues found in the application, the examiner will send you to an Examiner’s report. If they don’t find any issues, you will get a written notification and the trademark entered in the Australian Official Journal of Trademarks.

Lastly, you wait for two months, whereby other parties can oppose or propose your trademark. Once you obtain your trademark, it will last for up to 10 years.

Trademark registration in Australia is essential to secure your business and services. Although it might not be a cheap investment, you benefit from having your trademark. If you are a business owner or service provider, it is ideal to patent your business for increased productivity and security.