Trade Marks

A trademark is a name, symbol, or other device identifying a product as unique. It is officially registered and legally restricted to the use of the owner or manufacturer.

Trade marks can be your business’ most valuable assets, and are often the only way of distinguishing your goods or services from those of other businesses.

You should spend time and effort:

• Creating a distinctive mark
• Ensuring it doesn’t conflict with any other mark for which registration has been applied for or obtained
• Protecting that mark

Although registering a trade mark isn’t essential - the owner can rely on common law rights - registration offers you significant advantages:

• It can establish a right even before the trade mark is used, and may simplify infringement proceedings considerably
• Registration also serves as a notice to others of proprietary rights claimed in a trade mark

When selecting a trade mark, adopt one which:

• Is distinctive
• Doesn’t comprise a surname
• Doesn’t describe the nature or character of the goods or services
• Isn’t laudatory
• Isn’t a geographical name.

Disclaimer

The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) is the peak professional body representing Australian patent and trade mark attorneys.
Phone Australia: 03 9819 2004. Email: mail@ipta.org.au

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Trade Marks

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