FREQUENTLY ASKED QUESTIONS

We hope to answer some questions you may have concerning Intellectual Property and Trademarks. If you don't find what you are looking for, please contact us and an experienced consultant will answer your questions within 1 working day.

GENERAL & AUSTRALIAN TRADEMARKS

Q:     What is Intellectual Property?

A:    Intellectual Property is defined as: "property that results from original creative thought, as patents, copyright material, and trademarks"

Q:    What's the difference between Trademarks and Copyright? 

A:    A Trademark is the thing that sets your business apart from your competitors. The component that distinguishes your goods or services from other traders, such as a name, a logo or a slogan. Copyright is automatic and is normally applied to 'extensive' works. This would include books, song lyrics, comprehensive artworks, movie scripts etc.

Q:    Must I have an attorney or solicitor to file applications? 

A:    For trademarks and designs in Australia, no. If you wish to seek patent protection, then yes. Alternatively, we can guide you through the patent application process so that you can file it yourself.         

Q:    What do the symbols ™ and ® mean?

A:    The ™ symbol generally represents that you have a trademark application pending. However, you can use this symbol at any stage before you file an application or after your trademark is registered. The ® symbol represents a registered trademark. In Australia it is a chargeable offence to use this symbol if your trademark is not fully registered.

Q:    How long will a trademark be registered for?

A:    In Australia and most other countries a trademark will initially be registered for 10 years and may be renewed each 10 years. Some countries will vary and be registered for a period of 7 years initially.

Q:    Who can be the owner of a trademark? 

A:    Generally speaking the owner of a trademark must be an incorporated body, or an individual or individuals.

Q:    Should I register my trademark in colour or black and white?

A:    Ultimately, this is up to you. If the colours of your trademark are synonymous with your business, then you may wish to protect that factor. However, if you are not too concerned with the colour, or you intend on using different colours in the future, it is best to file in black and white. This way, your registration will allow the flexibility of changing colours rather than being 'locked in' to certain colours.

Q:    Why should I register a trademark?

A:    There are many reasons. Firstly, trademark registration will give you exclusive rights to the name/logo etc. By having your name or logo registered you may find your business increases in value. By having the trademark, if or when you sell your business this will add to the price you can ask. For a list of further benefits of trademark registration, click here. 

INTERNATIONAL TRADEMARKS

Q:    Can I register my trademark world-wide?

A:     Unfortunately, there is no such thing as a "world-wide" trademark registration. Generally, this is a country-by-country process. A few years ago, Australia became a member of the Madrid Protocol. There are over 70 membersto this protocol, allowing for a much simpler international registration system. For more information about Madrid Applications, please click here.

Q:    If I already have the trademark in Australia, does this give any protection overseas?

A:    In short, not really. However, if you have filed an application in Australia you are given a six month "priority period" to file overseas in most countries. If the specific country allows a priority application, it means that your application in that country will be 'back dated' to reflect the same filing date as your Australian one. So, if anyone else files for the same or similar mark during those six months, yours will be treated with priority.

Q:    What if someone else is already registered in a country I plan to take my product or service to? 

A:    As explained in other areas of this website, trademarks are registered in respect of the goods and/or services you use. So, if someone else has registration for different goods or services it won't pose a problem. If someone is registered for the same or related use, it could be a problem. In some countries, such as China for example, trademark registration is treated as "first in, first served". So, whether you have been using it longer or not, if it is registered in China, you won't be able to register the same trademark. In other countries, if you can demonstrate that you have used the trademark longer, or are recognised more often by that trademark than the registered owner, you may still be able to gain registration.