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    Trade Mark

    A trade mark may be the most valuable tool for marketing and . It distinguishs your goods or services from those of another, and protects the reputation and goodwill of your business. The public will identify a certain quality and image with goods and services bearing your trade mark. and protect the public from counterfeit goods or unauthorised services.

    Trade marks can take many forms, including a brand name, logo, shape, colour or a combination of any of these. Once a trade mark is registered, it is similar to other forms of Intellectual Property in that you can license, sell or enforce the trade mark.

    Registering a trade mark is an important step in the protecting of your business as your brand will become distinguish your business from your competitors. As such, it is not uncommon for businesses to register their brand name earlier on in their business cycle to ensure their brand continues to distinguish their quality from other businesses.

     

    Obtaining a Trade Mark

    To obtain a trade mark, we will review your suggested trade marks by firstly conducting a search on whether the trade mark has already been used. We may also consider the trade mark to identify any potential issues which may cause confusion in the market place and advise you appropriately. We will also review your brand to identify the different classes in which your products or services relate to. Trade marks are usually limited to different product or service class such that in theory, the trade mark is only applicable to these products or service. As part of the filing process we will review the most suitable classes applicable to your present and future business and select the relevant classes for filing.

    We may also file multiple trade marks for your brand depending on the appearance of your brand name. For example, your logo may be a trade mark, but your brand name may be a separate trade mark. Once we have agreed on the trade marks and the relevant classes to which it should be filed, a trade mark application is made with the Australian Trade Marks Office.

    The application may be examined to identify if it will confuse the marketplace in distinguishing your product, services or business. For example, the confusion may arise out of the fact that the trade mark is very similar to other trade marks, or the trade mark is descriptive of the products or services which are relevant to the trade mark. Once any objections are overcome, the trade mark may be registered.

     

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