Understanding Trademarks - Your Guide to Brand Protection

What is a Trade Mark?

A trade mark (also referred to as a 'trademark') is designed to protect the branding or logo which is used to distinguish your products and services from another trader. 

A distinctive trade mark can be a valuable marketing tool so that the public can establish a certain quality and image with the goods and services the trade mark is used in relation to. 

A trade mark can be a letter, word, name, signature, phrase, numeral, sound, smell, shape, logo, picture, aspect of packaging or combination of these. Some examples of trade marks are provided below and pictured to the right.

Some examples:
Letters
Numbers
Word
Phrase
Sound

Colour
Shape
Device
Aspect of Packaging
'BMW' in respect of motor cars
'4711' the perfume
'Reebok' for sneakers
'Just do it' associated with Nike sneakers
The 'Sproing' sound associated with floor coverings and underlays for carpets
'Orange' used by Verve Clicquot on champagne and wine labels
The 'Coca-Cola bottle' for soft drink
The 'Golden Arches' for McDonalds
This category is generally registered as a shape
    Above: Examples of some famous trade marks.
Learn more about How to Register a Trade Mark.

Why seek Trade Mark registration?

Trade mark registration provides an exclusive right for the owner to use the trade mark in relation to the specified goods and services in the country in which the trade mark is registered. Company, business or domain name registrations by themselves do not provide an enforceable legal right. 

A registered trade mark can add value to your business in the following ways:
  • provide your business with the exclusive right to use the mark and protect the developed reputation in your brand;
  • provide your business with legally enforceable rights to prevent your competitors, or other traders, from using the mark in relation to your registered goods or services;
  • block any future trade mark applications made by your competitors or others for identical or similar marks in relation to similar goods or services;
  • deter others from adopting your company's brand by being on a publicly available database which places other traders on notice of your rights;
  • provide an asset which can be sold or licensed in return for a fixed fee or royalty;
  • act as a badge of origin for your goods or services;
  • denote a particular standard of quality associated with your product or service;
  • provide a marketing tool and form the basis for building brand and image through planned advertising and promotion. 

Business name registration does not provide any proprietary rights to a name, however, it is a State requirement if you are trading under a name other than your own.

How can Adept IP assist?

Our Trade Mark Attorneys are qualified to assist you in relation to registering, maintaining and enforcing trade marks. We can also provide expert practical and tailored solutions that can be integrated in your business strategies. 

Unlike most legal firms, we do not charge you by the hour, nor do we charge you for phone calls, meetings and emails. We provide you with upfront fixed fees at the time of your enquiry so you know exactly where you stand...no more surprise invoices! Enquire about our competitive rates today.

Adept IP provides the following trade mark services: 
  • conducting trade mark registrability searches;
  • preparing and filing trade mark applications in Australia and overseas;
  • responding to Examination Reports;
  • providing advice in relation to trade mark disputes and infringement;
  • licensing and assignment of trade mark rights;
  • managing your IP portfolio.

If you require any further information, or if we can be of further assistance to you, please do not hesitate to contact us.