Trademark

Trademarks are used to signify that products or services originate from a particular person or company.

It can be a letter, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or combination of these.

What’s in a Name?

Choosing the right name for your new business, company, product or domain name is vital to distinguish your goods and services from your competitors.

What Should I Trademark?

  • Your Business Name
  • Your Company Name
  • Your Domain Name
  • Your Product Name
  • Your Company Slogan

 

Benefits of Having  Trademarks

    • You own the name throughout Australia and it cannot be registered to anyone else.
    • Your trademarks have value and can be sold.
    • It cannot be ‘stolen’ or ‘copied’.
    • We can assist you with your trademark registration.
    • A trademark ideally should be registered in any country that you have a business interest in.

Invention Pathways can:

  • Advise you on your trade mark needs
  • Have an Pre-filing trademark search conducted to ensure that the mark does not infringe an existing registration.
  • Have One or more trade marks filed (in one class or more) processed from beginning to end

Fees include one trademark per one class. Additional fees apply if additional classes are required.

 

What can happen if you don’t register a Trademark

If your business gets into a Trademark dispute and you lose then it can require a total business re-branding.

A business name does not give you exclusive  trading rights  or ownership over that name.

Perform a trademark search before registering a business name to minimize the possibility of disputes.

Get a trademark to safeguard your business name for 10 years at a time.

Trademark Class Categories List (Australian)

Each class added to your trademark attracts an additional fee. 

 

CLASS 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

CLASS 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

CLASS 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

CLASS 4: Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

CLASS 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

CLASS 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

CLASS 7: Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines

CLASS 8: Hand tools and implements (hand-operated); cutlery; side arms; razors.

CLASS 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

CLASS 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials.

CLASS 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

CLASS 12: Vehicles; apparatus for locomotion by land, air or water.

CLASS 13: Firearms; ammunition and projectiles; explosives; fireworks.

CLASS 14: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

CLASS 15: Musical instruments.

CLASS 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.

CLASS 17: Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

CLASS 18: Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery.

CLASS 19: Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

CLASS 20: Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

CLASS 21: Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

CLASS 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

CLASS 23: Yarns and threads, for textile use.

CLASS 24: Textiles and textile goods, not included in other classes; bed covers; table covers.

CLASS 25: Clothing, footwear, headgear.

CLASS 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

CLASS 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

CLASS 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for  Christmas trees.

CLASS 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.

CLASS 30: Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.

CLASS 31: Grains and agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals, malt.

CLASS 32: Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

CLASS 33: Alcoholic beverages (except beers).

CLASS 34: Tobacco; smokers’ articles; matches.

CLASSES OF SERVICES LIST

CLASS 35: Advertising; business management; business administration; office functions.

CLASS 36: Insurance; financial affairs; monetary affairs; real estate affairs.

CLASS 37: Building construction; repair; installation services.

CLASS 38: Telecommunications.

CLASS 39: Transport; packaging and storage of goods; travel arrangement.

CLASS 40: Treatment of materials.

CLASS 41: Education; providing of training; entertainment; sporting and cultural activities.

CLASS 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

CLASS 43: Services for providing food and drink; temporary accommodation.

CLASS 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

CLASS 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. 

 

Trademark Frequently Asked Questions

How to find out if something is trademarked?

For Australia there is IP Australia – Trademarks – Search https://search.ipaustralia.gov.au/trademarks/search/quick 

What are the advantages of trademarks?

Protect your business name, product name, logo, packaging design…

How to register my logo trademark around the whole world?

Each country has its own system for Trademarks. 

What is trademark registration?

Once a trademark has been registered only you can use that name / object. 

Should I trademark my business name?

Trademark protection across the country is unlike business name registration by state.

What are the examples of trademarks?

E.g. McDonalds including the M sign and menu names, Coca Cola including the writing style. 

Can I register a trademark without a company?

Yes. Individuals can hold a trademark. 

Can a trademark expire?

Yes, if it is not actively used then it can be challenged. 

How long is a trademark good for?

They need to be renewed every 10 years (in Australia). 

How long does it take to get a trademark certificate?

It depends on if there is any opposition. 

How to find out who owns a business trademark?

Do a Trademark search to find out. 

https://search.ipaustralia.gov.au/trademarks/search/quick

How do I know if my logo is already registered?

On the trademark search web page there is an image comparison tab. 

https://search.ipaustralia.gov.au/trademarks/search/quick

Do you have to buy a trademark in all countries?

Yes for the countries you market in.

When is the right time to file for a trademark?

Once product market fit has been confirmed and scale up is about to begin. 

How to search for a pending application for a Trademark?

Not possible. 

How easy is it to register a trademark?

It is easy to apply but it takes time to be granted. 

How can one register a trademark in Australia?

It is best to get advice on the classes involved for your Trademark first. 

How much does it typically cost to trademark a name?

It depends on how many classes you choose. 

What do you need to register a trademark?

The unique name and or artwork, plus a form to fill in and the fees. Advice is needed for compliance.

How to prepare a trademark image for submission?

PNG or TIFF image file under 40 MB. Size range recommended is 4 x 3 cm to 8 x 8 cm. 

When can a business skip a trademark registration?

Trademark registration is optional. 

How to decide if you need to trademark your brand?

You can protect your brand with a trademark before your scale up and marketing. 

How does trademark classification work?

You pick the fields of classes (industry sectors) that the trademark applies to.  

What is the difference between ® and ™?

™ is for intended Trademark. ® is a Registered Trademark in one or more countries.

 

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