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Trade Marks

Terms of Use

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Nineteenth Century Trademark

  • What is a Trade Mark?

    • A trade mark is usually a word or a logo which is used by a business to brand its business or goods or services.  Trade marks can also be a slogan, colour, sound, scent, moving or three dimensional shape.

  • What do trade marks do?

    • Trade marks protect investment in marketing.  Both general business reputation and specific products can be protected by trade marks. 

  • Do I have to do anything to obtain trade mark protection?

    • Trade mark protection does not arise automatically.  Trade mark registration has to be obtained by applying to the Australian trade mark office, or equivalent government offices in other countries.

  • Why is trade mark protection important?

    • Without trade mark protection your valuable brand and business reputation can be either deliberately or inadvertently exploited by other businesses.  Without a trade mark you cannot be sure that you are not infringing someone else's valuable brand, and exposing your business to liability. 

  • How can business earn revenue from a trade mark?

    • The most direct way to earn revenue from a trade mark is to apply a trade mark to your business, your products or services and build brand reputation.  Once a business has effectively done this, it can also earn revenue by licensing other businesses to use its trade mark, or entering into franchise agreements that in large part are based on building a common brand. 

  • Are trade marks compulsory?

    • No.  Nonetheless, undertaking a business without trade mark protection is not advisable.  Business names do not give you an exclusive right to use a brand.  Only a trade mark can have this effect.  For instance the same business name can be registered in different Australian states by different businesses (a situation that can lead to future problems and disputes).

  • What are government fees to obtain a trade mark?

    • The government fee to apply for a trade mark is less than $200 per class, with an additional $300 to complete registration.  There are a range of other government fees that may apply.

  • What's an unregistered trade mark?

    • If a business can show that it has built a reputation in its brand without registering its trade mark, it may be able to argue it has an unregistered trade mark.  The symbol "™" is used to notify people that an unregistered trade mark is asserted.  A registered trade mark is much more effective protection.

  • What is meant by trade mark "classes"?

    • Trade mark registration protects use of the trade mark against selected goods or services.  For instance the same or similar trade marks can be obtained by someone selling fruit and someone providing business consulting services, without infringement necessarily arising.  There are 45 classes based on an international classification system.

  • What's the difference between a patent and a trade mark?

    • A patent protects the function of a new invention - a new and original way of achieving a valuable result.  Trade marks on the other hand protect business or product reputation and brand. 

  • What's the difference between a trade mark and copyright?

    • A trade mark protects business reputation, copyright protects the way that a work such as a book or painting "has been expressed".

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