Trade marks
A registered trade mark under the Trade Marks Act 1995 gives you the exclusive legal right to use, licence or sell your goods or services in Australia. It distinguishes your goods and services from others in the marketplace. A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.
Anyone who claims to be the owner of a trade mark can apply for registration of that trade mark. The registration period is initially for 10 years and continues indefinitely as long as the renewal fees are paid every ten years. However, it is important that you use your trade mark - other applicants can apply to have your trade mark deregistered if you have not used it for more than three years.
Remember that registration of a business name does not in itself give you any proprietary rights. If you require exclusive use of your business name, you should consider registering it as a trade mark.
What to do...
- Before you apply, search the IP Australia databases to see if there is already an existing trade mark similar to yours.
- Read more about trade marks on IP Australia's Smart Start website.
- Determine the suitability of your application before you apply, by submitting your trade mark through IP Australia's TM Headstart.
- Find out about the full application process for your trade mark from IP Australia or download a copy of the Trade Marks Application Kit (PDF, 0.59MB).
- Get advice and assistance from patent and trade mark attorneys and legal practitioners - see the IP Australia list of professionals.
- Find information on intellectual property in your state or territory.
