Why you need a trademark for your business and the best way to get it

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If you are searching for the best trade mark attorney in Australia to get your trade mark registered and help you resolve any problems you may have with the trademark, we have got you covered. Also understand what are trademarks, types of trademarks, how important it is for your company to register a trademark and how can you get a trademark registered in Australia.trade mark attorney in Australia

trade mark attorney in Australia

What are trademarks?

For any organisation, a trademark acts as an important business asset. A trademark is a sign that distinguishes your products or services from the ones belonging to your competitors. A well-known organisation will always be remembered for its trademark. Trademarks can be owned by a person or a legal entity.

There are several types of trademarks including:

  • word (in a plain font or a ‘fancy’ font);
  • phrase;
  • letter;
  • number;
  • logos and symbols;
  • picture;
  • aspect of packaging;
  • shapes for the shape of a product, e.g., Lindt & Sprungli have registered the shape of their Easter bunny chocolate (Trade Mark 1116344).
  • a series trademark for example Samsung has Galaxy series;
  • a combination of marks, for example, Maruti Suzuki combined their two different brands to register as one trademark;
  • Certification marks that identify goods or services possessing a particular standard that can be used on products such as food;
  • Trademarks can also be issued based on certain goods that originate from a particular location. For example, Wine GIs ‘Hunter Valley’ (https://www.wineaustralia(.)com/labelling/register-of-protected-gis-and-other-terms/geographical-indications)

Trademarks are common in popular culture and include indications such as the McDonald’s® sign and Nike. You must know that only registered trademarks can use the ® notation.

trade mark attorney in Australia

How important is it for your company to register a trade mark?

If you don’t register a trademark then you are limited in your ability to stop others from using your brand name or names that are deceptively similar to your brand name. Getting a registered trademark is important to protect a company’s growth and to protect company brands.

Positioning your brand

A trademark ensures that certain goods and services sold under a particular brand are distinguished from the same goods and services sold under a different brand.

Brand value

A trademark can assist a company’s growth and it can also add brand value. A registered trademark increases valuation of a Startup manifolds and helps them in getting funding. Customers are more likely to trust a brand that they know. For certain products such as food, customers may actively seek out products that have been certified as they would meet the required certification standard.

Products can be easily identified

Everybody knows the Apple logo, or McDonald’s’ M sign! These brands speak for themselves every time a consumer is purchasing a good or service. Customers look for these trademarks when looking to purchase goods or services as a pictorial mark (trademark or logo) is more likely to be remembered by the customers. It also makes a strong first impression.

trade mark attorney in Australia

A Trademark has a long life

Trademarks are registered initially for 10 years and, subject to continued use, can be renewed every 10 years from filing. In this way, some trademarks can theoretically live forever (or at least a long time). Think Coca-Cola which is about 125 years old. Continued use and marketing can make brands extremely valuable.

Trademark Applications in Australia

Trademark applications in Australia involve a number of steps. The first step is to apply for a trademark. Once the application is lodged, the application is examined by the trademarks’ office. If any objections are raised, the applicant gets an opportunity to address the objections. If all the objections can be addressed then only the application will be accepted and later registered. The trademark will be registered for 10 years from the date of filing after which it can be renewed.

One of the trickiest parts of trademark registration is to ensure that you choose a trade mark that can be registered. The trademark should be new and distinctive. You need to consider whether to register a name (word mark) or logo. You have to ensure that the trademark is lodged in all relevant classes to protect the goods and services you are selling. The trademark should be owned by the person or company that is using it or licensed by the owner to the entity that will use it.

trade mark attorney in Australia

Due to all the above technicalities, only a small number of “do-it-yourself” applications get successful. Most of the applications are abandoned due to insufficient knowledge of the application process or requirements. Professional advice is therefore essential for the desired outcome. IP Guardian Patent and Trade Mark Attorneys offer fixed fee pricing for most trademarks so you can plan your commercialisation strategy.

When it comes to choosing an attorney to assist with your trademark application and IP, IP Guardian is experienced and professional. They also offer a free initial strategy consultation. What are you waiting for? Book your free call now by clicking on the link below.

Book my 30 minute No Obligation Free Initial Consultation

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