July 2015 | Scott Freidman

1. What is a trade mark?

A trade mark can be a name, picture, logo, smell and even sounds and is used to identify your brand. Owning a trade mark gives you certain rights to stop people infringing your mark without your permission.

2. How long does the registration last?

10 years. After this your trade mark can be renewed for a further 10 years and can effectively be renewed indefinitely.

3. What area does the registration cover?

Trade mark registration covers all of Australia.

4. How long does it take from lodging the trade mark application through to registration?

Approximately 8 months.

5. What happens if my trade mark is already registered by someone else?

If your trade mark is registered by someone else, it will be difficult for you to register your trade mark. If you believe you can show continuous and substantial use of the name for a period well before the filing date (priority date) of the earlier registered trade mark, you can still apply for your trade mark with IP Australia. However, you will need to prove ownership, continuous use and substantial advertising and marketing costs in order to co-exist with the earlier registered trade mark.

Written by Scott Freidman
(02) 9231 2466

If you need help with an existing trade mark, or if you wish to register a trade mark, please contact Scott Freidman on (02) 9231 2466 or sfreidman@hflawyers.com.au

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