Services
Trade Marks
A trade mark is a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of one or more of these things. It is used to distinguish your goods and services from those of other traders.
When you obtain a trade mark it will be for one or more groups of goods or services. These groups are identified by IP Australia. IP Australia uses the NICE classification of goods and services and is a party to the Madrid protocol, meaning that if you obtain registration of your trade mark in Australia it is a relatively simple process to obtain protection in other countries that are party to the Madrid protocol.
A registered trade mark gives you the legal right to use, license or sell that trade mark within Australia for the goods and services for which it is registered.
A trade mark is not the same as a business name, company name or domain name. Contrary to popular belief, registration of a business, company or domain name does not in itself give you any proprietary rights. In most cases you need to register a trade mark in order to properly protect your brand.
A trade mark is also one of the cheapest and most effective marketing tools that a business can employ. As customers use your goods and services brand recognition will develop, together with an association of your trade mark with a certain level of quality, prestige, service etc. If properly established, a good trade mark can become a valuable business asset in its own right and is one of the things that prospective purchasers of businesses are looking at as an indicator that a business owner takes intellectual property and brand image seriously.
At Hillhouse Burrough McKeown, we give you practical advice that lets you have the best chance of getting your trade mark registered without having to spend too much on legal fees.
For trade mark advice, please contact Craig Hong by email.
See our publications on this topic.