How to protect your brand by
registering your trade mark
Patents provide a temporary monopoly of up to 20 years. This monopoly gives you the right to exclude others from making, selling, using or importing the invention covered in the patent. In return, you have the obligation to fully describe the invention to the public in a patent document.
Unlike copyright, patents are not automatic and must be applied for at the Patent Office in each country where protection is desired.
It is important to understand that the registration of a business name is not the same as the registration of a trade mark.
The registration of a business name is administered by the Australia Securities and Investments Commission (ASIC). However, the business name registration does not give you any legal rights to stop others from using the same or similar business name. Even more so, the registration of a business name under ASIC does not protect you from infringing someone else’s trade mark.
An application for a trade mark can be filed in one or more classes which are selected based on the main products and services of your business.
Once the trade mark is filed at the Australian Trade Mark Office, the application undergoes an examination process where it is compared with other trade marks that are currently on the register. If the outcome of the examination process is positive, the trade mark application goes straight to acceptance followed by the registration of the trade mark. This process takes approximately 8 – 10 months.
If the Examiner of the trade mark application identifies any issues with the trade mark, a report will be forwarded to us in which these issues are outlined. We can advise you on the best ways to respond to such report.