BEFORE YOU APPLY TO REGISTER YOUR TRADEMARK

Before you apply for your trademark, you should take some time to familiarise yourself with the general trademark registration process, and to also understand what types of trademarks are likely to be accepted by the examining government body.  Our website provides you with a good starting point in this regard, but we will, of course, work with you to ensure we get the best possible outcome for your brand or name.

We are proud to advertise our success rate of 91% in having our clients’ trademarks accepted.

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What types of trademarks are registerable?

Trademark applications are submitted to IP Australia (or USPTO in the US or IPONZ in NZ) who examine the mark for registrability. To be registered, a trademark generally cannot be:
  • descriptive or laudatory of your goods and/or services; or
  • too similar to another trademark on the Register; or
  • a common surname; or
  • a geographical place name (if that place has significance for the particular goods and/or services).
However, there are exceptions to these rules, particularly if the trademark has been used for some time and acquired a reputation.

Trademark searches

A trademark may not be registrable where it is considered too similar to a mark that is filed prior in time. It is therefore advisable to search the trademark register for marks similar to your intended mark before filing the application, particularly where money is to be invested into the mark prior to actual registration (a minimum of 7½ months from filing). Searches can also alert you to any prior marks that are so similar to yours that you may potentially be sued for trademark infringement.  Marketplace searches are also important as they may reveal similar brands or trademarks that although not registered, may have some impact on your decision to use your intended trademark. Searching for trade marks on the registry is a fine art and we recommend the use of a trademark attorney to conduct these searches before filing for a trade mark. However, you may wish to conduct some preliminary searches yourself using, the Australian Trademarks Online Search System (ATMOSS) or the USPTO and IPONZ website. A trademark search conducted by Trademarkings will be issued with a full report detailing your prospects of achieving registration.
SEARCH YOUR TRADEMARK

HOW IT WORKS

You complete online request

Fill out our simple online form and tell us about your brand. It only takes 5 minutes!

We prepare your trademark

We review your case and expertly draft the best application for your circumstances. 3-7 days.

We file your trademark

You approve our draft and we then file and manage your entire application.

Free eBooklet: Everything You Need to Know About  Protecting Your Brand

Is your name safe? Learn how you can protect your name and logo so that others cannot take it and in the process create a valuable property asset.
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