Trade Marks

Why should I register a trademark?

You are in the process of building the reputation of your product. However, competitors may try to imitate your product if it is a commercial success. To ensure that the buying public does not confuse your goods or services with those of your competitors, registering a trade mark is a cost-effective way of protecting your name and reputation.

Famous registered trademarks:

Searching

There is no single database for searching unregistered trade marks in use in Australia.

Searches of pending and registered Australian trade marks can be carried out using the Australian Trade Mark On-line Search System (ATMOSS): http://pericles.ipaustralia.gov.au/atmoss/falcon.application_start

However, searching by a trade marks specialist is recommended.

Registration

Information on registering trade marks can be found at http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/

However, registration advice should be sought from a trade marks specialist.

We are happy to recommend a trade marks specialist to you.

Notation

The following notation can be used regardless of whether or not the trade mark has been registered:

TM Trade Mark

[brand] is a trade mark of [name of owner]

However, the following notation can only be used if the trade mark has been registered in Australia by way of the Australian Trade Marks Act 1995: ®

[brand] is a registered trade mark of [name of owner]

Further information can be found at www.ipaustralia.com.au or you could email Gint Sillins on g.silins@cullens.com.au. Gint is a Patent and Trademark Attorney for Cullens, I am confident he will be able to answer any questions you might have on this topic. View Cullens website here.