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To assist you in better understanding why it is important to register your marks and brands, we have provided below answers to a series of commonly asked questions.

What is a Trade Mark?

A  Trade Mark is a “badge of origin” a “sign” which defines a good or service produced or provided by a specific individual or company. A Trade Mark can be words, phrases, logo, shape, fragrance, colour sound and numbers.

Why is a Trade Mark good for my brand?

A Trade Mark registration provides you with exclusive rights over your mark within the jurisdiction you operate within.

Do  you provide searches for similar Trade Marks before filing an application?

We always recommend to  our clients that it is advisable to conduct a search before filling a Trade Mark application. It will provide you with a report on potential objections by competitors within the marketplace.

Does my Australian registration include other countries?

A Trade Mark registration covers only the particular jurisdiction in which you register the Trade Mark. So the owner of an Australian Trade mark is only relevant for the Australia. You will need to register your Trade Mark separately in all the countries you wish to sell that product or service in.

What is the difference between a TM and ®?

A TM and ® are commonly used symbols by brand owners with their Trade Mark. The Symbol ‘R’ can only be used once the mark has been registered in a particular country. A TM denotes that a word or logo is used by the owner as a mark.

How long is my Trade Mark registered for?

In both Australia and New Zealand, A Trade Mark registration is valid for a period of 10 years from the date of the registration of the mark. Registered Trade Marks can be renewed every 10 years.

Am l able to sell my Trade Mark?

A Trade Mark is a very important asset of a business and as such can be bought and sold.

What does a Trade Mark class mean?

A Trade Mark class classifies and specifies the goods and/or services which you intent to use your Trade Mark for. 

You need to make sure that you get the specifications of your goods/services right. If not done correctly it could have an impact on the registration of  the mark as well as your ability to protect it.

What information do you require to start the application process to register my Trade Marks?

In order for us to file an application for your Trade Mark in Australia and or New Zealand we require the following information from you:

a)      Full name, address and nationality of the person applying for the Trade Mark.

b)      A copy of the mark as it appears on your product or service as well as a JPEG or GIFF for logos (if applicable).

c)       A list of the goods or services that registration is sought as well as international class or classes, (if  you know them).

d)      Details of prior registrations of your Trade Mark in other countries.

If you have a question regarding Trade Marks or Branding that is not covered in our above list, please complete our enquiry form.  We aim to be back in contact with you within 6-12 hours of your enquiry. If the matter is urgent please contact us on our number above.

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