Trademark name is a necessity in Australia

When you wish to trademark a specific name in Australia, it’s strongly suggested that you do a detailed research about trademark before you file the application. An inclusive trademark search will give you following information:

  • If your chosen mark is register-able in regard to registered marks
  • If your chosen trademark will cause infringement to any other registered parties

Trademark search must cover both identical marks in the industry in addition to the marks which are similar to your very own. Similarities might appear:

Trademark Australia3

  • Visually
  • Phonetically
  • Conceptually

Numerous businesses make mistake of searching for same marks, while neglecting to classify those trademarks that are incomprehensibly similar to their very own. Even if trademark is similar to another in a mere element, you may still be infringing on rights of registered owner. Your search should include marks protected by common law as well, meaning such trademarks which are presently in use but aren’t registered. Unregistered Trademark Australia don’t have similar level of protection as many other registered marks, but their owners could still take legitimate action against you if they’re capable to prove extensive and consistent use of their trademarks in any kind of business practices.

Trademark Application

The step now is how to prepare for a Trademark Australia application. You’ll need to provide below mentioned information:

  • Full legal name of applicant, business address, occupation and nationality
  • A comprehensive list about all the services or products related to proposed mark
  • A high-definition replication about your trademark, particularly if mark consists of huge number of non-standard form or is a graphic, symbol or logo.

Your rights to the trademark are going to cover your products and you intend to trade in association with that mark. That’s why Trademark Australia should be registered in relation to particular classes of services or products.