What is a trademark in Australia?
A trade mark is your registered brand and is used to distinguish your business from other products and services. A trade mark can be a letter, number, word, phrase, logo, image, sound, movement, shape or scent. Registering a trade mark gives you exclusive rights to your business name in Australia.
Who can own a trademark in Australia?
A trade mark can also be owned by: an unincorporated association (for a collective trade mark only) a body existing under legislation (for example a registered charity).
What qualifies as a trademark?
A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.
How much does it cost to trademark a name in Australia?
For a single class standard trademark application through our office you can expect a total fee of $895, including government fees, professional fees and GST to fully register your trademark in Australia for 10 years assuming no objections or oppositions.
How long do trademarks last in Australia?
A trade mark is protected in all Australian states and territories for an initial period of 10 years. It can then be renewed every ten years, for a fee. You can renew your trade mark registration 12 months before the renewal date or up to 6 months after. If you renew after the due date you may have to pay a late fee.
Should you trademark a logo?
You should consider registering Trademarks to protect any features that you use to identify your brand. Many businesses register a number of Trademarks, for example, one to protect their brand name, another to protect their logo and another one to protect a tagline.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can I trademark my business name?
Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).
How much does it cost to trademark a logo?
The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.
|National Average Cost||$424|
|Average Range||$275 to $660|
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Is it illegal to put TM on a logo?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
What Cannot be used as a trademark?
A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.