Hi there. You can search for a trade mark registration in Australia by using a number of freely available databases on IP Australia’s website (www.ipaustralia.gov.au). Searching for trade marks can be a complex task that requires skill and persistence. You will need to think about how a trade mark might look and sound and how people may perceive or interpret the trade mark. It isn’t enough to simply search for a trade mark that is identical to the one you want to use.
You can search for trade mark registrations in other countries by contacting the trade mark offices of the individual countries you are interested in. Some of the offices will maintain online registers that can be searched for free. There are also third party companies that provide search services for a fee.
Registration
There is a difference between a trade mark and a business name. A business name is the name under which your business operates. In Australia, registration is compulsory and must be completed before the business starts trading. Unlike trade marks, a business name does not give you proprietary rights for the use of the trading name. A business name can be applied for online via the Australian Securities & Investments Commission (www.asic.gov.au).
A trade mark is used to distinguish your goods or services from those of other businesses. It can be a letter, number, word phrase, logo, picture, etc. Registering a trade mark gives you proprietary rights that can be enforced under law. For example, registration in Australia gives you the exclusive right to use the trade mark as a brand name for the goods or services specified in the registration, and you can take legal action to stop other people from using the same or similar trade mark. You do not have to register your trade mark in order to use it, but protecting an unregistered trade mark may be difficult.
If you want to register your trade mark in multiple countries, you have two options: apply for registration in each individual country, or make a single international application to IP Australia nominating the specific countries in which protection is required. The second option is only available for those countries that have signed up to the Madrid Protocol – an international treaty that creates an international registration system. If you want to register your trade mark in a country that is not on the list, you will need to apply for registration directly in that country.
Suggested way forward
Intellectual property law can be complex. A comprehensive search can be difficult without professional help, and there may be significant risks for your business if a trade mark registration is not done properly. You should consider speaking to a lawyer who can help you ensure your business’ intellectual property is protected. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
Answered
over 8 years ago
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