Before you begin the paperwork that will grant you trademark protection, your first course of action is to confirm if, in fact, you can even apply for it. While trademark protection seems amazing, and often necessary precaution in many businesses, the eligibility for it is another.
matter. Keep in mind that if your application fails, your fees will not be refunded and that’s why you need to be careful while confirming trademark eligibility in Australia.
Who can Apply for it?
You can apply for trademark protection as an individual, a company, as an incorporated association, or even a combination of these aforementioned categories. Intellectual Property protection firms like Shelston IP can assist you in navigating through the maze of IP law to swiftly acquire a trademark.
Rules for Businesses, Trusts and Associations
The applicant must be the owner(s) of the business registration. For corporations, the copyright application must be made in the name of the corporation – not individuals (including directors or shareholders) However, for trusts, you can apply in the name of trustees. Associations can apply for a collective trademark to protect their intellectual assets, even if they are not formally incorporated.
Usage Rules for a Formally Registered Trademark
A trademark must be used only with regard to the goods and services associated with it in the formal application you have filed with authorities. If you are filing a registering a trademark in Australia for a corporate entity that has not been formed yet, you will be obligated to use it only with this body as explained by http://www.shelstonip.com/services/trade-marks/.
A formal trademark application can be filed online for a pre-application service (known as TM Headstart) or via the standard procedure. There’s a distinct difference between the two:
Option 1: TM Headstart:
TM Headstart is optional, and sees an assessment of the application by the Australian government intellectual property authorities. With professional help, you will quickly navigate any barriers required in trademark protection. The TM Headstart (pre-application service) provides options for the types of Goods and Services, and automatically calculates.
Option 2: A Standard Trade Mark
A standard trademark application will be examined by Australian IP authorities to avoid any conflict with trademarks that already exist, and also check for legal compliance. Unlike the swifter TM Headstart option, this option takes 13 weeks for application examination.
A Checklist for Trade Mark Acceptance
While your trademark exists to make your goods or service distinctive in the market, the following categories are prohibited when conceptualizing your trademark:
Anything that denotes the kind, quality, purposes the actual cost or value of your product, and common names or names of regions. Obviously, it will also mean you have to avoid previously filed trademarks.
The Trade Marks Act 1995 also prohibits the usage of certain words, and certain other legislation. You can confirm with the Australian Trade Mark Online Search System (ATMOSS) to check if it does not conflict with any existing trademarks.