AUSTRALIAN TRADEMARKS - FAQ

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.