Trade Marks

>> Trade Marks

What is a trade mark?

A trade mark is used to distinguish the goods and/or services of your business from those of other businesses. A trade mark can be almost anything, such as a letter, word, name, signature, slogan, logo, label, shape, colour, sound, scent, or any combination of these.

A registered trade mark provides you with an exclusive right to prevent others from using the same or similar trade mark. Registered trade marks can last indefinitely as long as the trade mark is used and renewed every 10 years.

What are the requirements for the registration of a trade mark?

In order for a trade mark to be registered, the trade mark must satisfy the following requirements:

  • It must be capable of distinguishing your goods or services from that of other traders in the same or similar business.

  • It must not be substantially identical or deceptively similar to an existing registered trade mark for the same or similar goods or services.

  • Its use to distinguish your goods or services must not deceive or cause confusion nor be contrary to law.

  • It must not contain or consist of a prohibited sign (e.g., official signs).

  • It must not contain or consist of scandalous matter.

  • It must be capable of graphical representation. 

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If you have any questions or require assistance with obtaining trade mark protection in Australia and/or overseas, please contact our trade mark attorneys at mail@laminarip.com.