TRADE MARK

A trade mark can be defined as a symbol or a sign that is used for the purpose of distinguishing goods or services of one trader from that of another. Letters, words, logos, colors, shapes, numerals or the combination of all these elements can be used as a trade mark. Traditionally the trade marks were just acting as a device of origin and quality indicator. Trademarks also denote a desirable image of the product to consumers and thus are very effective tool of marketing for the proprietors. Therefore trademarks are a very important commercial asset. Trademarks can formally be registered under the Trade Marks Act 1955 in Australia through IP Australia or it can also be left unregistered based upon a business reputation or goodwill at common law. While selecting a trade mark, it is very important to choose a distinctive and unique mark for the business. The marks that comprise a distinguishing logo or a device are considered the strongest marks. The trade mark should be unidentical to any existing trade mark which means that it should not be similar to the trade marks that are already being used by any other businessman. For the registration of the trade mark an application needs to be filed with the Australian Trade Marks Office at IP Australia. Following details are necessary for filing a new trade mark application, full name and detailed address of the applicant, specifications of the goods or services, trademarks details in full or the proper representation of the trade mark. The applications of the trademarks are examined three to four months after lodgment. If in case any objection is raised by the examiner, a 15 months period is granted. The trade mark symbols should be utilized correctly by the proprietors of the trade marks. The proper utilization of the trade marks symbols is very important. The symbol TM can be used along the side of the trade mark whether the trade mark is registered or not. The symbol TM denotes that the particular trade mark is being used as a trade mark by the proprietor in respect of the goods or services. The other symbol denotes that the trade mark is registered in the country in which it is being used. It should be used along the side of the trade mark that is formally registered. It is illegal to represent an unregistered trade mark as registered. It is very important to note that after five years of filing of the application of the trade mark, a trade mark which has been registered continuously for a minimum period of 3 years but has remained unused during this period will become liable to removal or partial removal. The registration of the trade mark is done for 10 years which is renewed for another 10 years upon a payment of requisite fees. IP Australia sends a renewal reminder notice therefore it is very necessary to update the contact details.