Running a business is all about building a distinctive product or service and constructing a highly recognizable image that is immediately recognizable to your customers. Constructing this image is just the first step though, next you need to protect this image so others can’t copy it or leverage off it to steal your hard earned customers.
This is where trademarks come into play. A trademark is an identifying aspect of your product or service that distinguishes it in the marketplace and differentiates you from competitors. It may include a word, phrase, letter, sound, shape, number, smell, picture logo, packaging, or any combination of these.
In Australia we have a national system of trademarks, so you only need to register it once for it to apply Australia-wide. Registering a trademark provides you with the legal right to use the trademark exclusively and to stop others from using it.
Why register a trademark?
It is not a legal requirement to register a trademark, but if you don’t, then you do not have the exclusive legal right to its use and others can profit off your hard work in developing it.
Registering a trademark is vital if you want to protect the brand and image of your business and use a recognizable image or phrase as part of your marketing strategy. It becomes an identifying element to your customers.
What are the requirements of a trademark?
In order to register a trademark it must meet the requirements of the Trade Marks Act and the applicant must be either:
- An individual;
- A company
- An Incorporated association; or
- A combination of these.
The trademark you wish to register must be distinctive in nature and not something that is used in everyday language. You can’t trademark a word that is used in everyday life for instance. It can also not impose any connotations that can be perceived to be unfair or inequitable to others operating within the marketplace.
It must also not cause confusion between goods or services being used by your competitors in the marketplace.
These are just a few of the basic requirements to meet, but your lawyer will be able to assist you and ensure your trademark has a good chance of being registered.
Does a trademark expire?
When you first register a trademark the registration period is for 10 years. After this time you may renew the registration for another 10 years for an additional fee and you can continue doing this as long as you are still actively using the trademark.
Registering your trademark is vital to protect the image of your business and creating an image your customers can instantly identify. Everyone knows who the golden arches belong to of course!