Register a Trademark
A trade mark is a sign used in business to indicate that goods or services come from a particular trader or service provider. A trade mark can be a phrase, word, letter, name, signature, numeric device, logo, colour, symbol, picture, aspect of packaging or shape, and even a scent or sound. It can consist of words or images alone or any combination of the above signs.
A person who owns a trade mark in Australia may be able to stop other people using the same or a similar trade mark in Australia. Whether or not that person can prevent the use of that trade mark in other countries will depend on the law of those countries, and the person’s use or registration (or both) of the trade mark in those countries.
Register your Trademark
There are two types of trade marks:
Assignment of Registered Trademark
Registered trademarks (commonly designated by ®) are trademarks registered under the Trade Marks Act 1995 (Cth) (Trade Marks Act) in Australia. A trademark which is still undergoing the application process and hasn’t yet been registered may be designated with a ™ symbol.
The owner of a registered trademark has an exclusive monopoly right to use and to license others to use the trademark for the goods and services in respect of which it has registration. (This is in addition to the remedies available to protect common law marks.)
Common Law Trademark
A common law trademark is an unregistered trademark which has been used (such as a brand name or in advertising) in relation to certain goods or services to such an extent that it is recognised as distinguishing the goods and services of the business using that mark from those of other businesses.
Even though it is not registered, in certain circumstances the law will prevent another trader from using the same or a similar trade mark. Infringing on a trade mark of another person (whether registered or unregistered) may amount to passing off or misleading and deceptive conduct. Section 18 of the Australian Consumer Law (ACL) prohibits a person, who is carrying out any activity related to trade and commerce, from engaging in misleading and deceptive conduct.
See the Arts Law information sheet: Australian Consumer Law and creators.
Assignment of Trademarks
This collection contains the necessary documentation to transfer ownership of a registered trade mark.
Sale of Trademark
Assignment of Registered Trademark is suitable for the sale of a trademark which is registered or in the process of being registered.
- Definitions, interpretation
- Terms of Assignment
- Assignor’s warranties
- Further assurances
- General provisions
Include a description of the Trademark(s) in the Schedule, and attach any graphical representations to Annexure A.
During the examination of a pending trademark application as well as after a trademark has registered, the owner of a trademark may change for various reasons. Some trademark owners transfer their ownership of a mark to another entity, which is called an assignment.
7 pages long.