How to trademark a logo in australia [Last Infos]



Last updated : Aug 18, 2022
Written by : Tona Mousley
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How to trademark a logo in australia

How do I trademark a logo in Australia?

  1. your logo.
  2. your business name.
  3. what you've painted on the side of your truck.
  4. your signage.
  5. your packaging, or.
  6. your letterhead.

Do I need to copyright my logo Australia?

Logos are generally protected by copyright. Unless there is an agreement to the contrary, copyright in a logo is generally owned by its creator. Unauthorised use of a logo may infringe copyright and raise issues under other areas of law such as trade mark rights, passing off laws and consumer protection laws.

How do you legally trademark a logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How do I copyright a name and logo in Australia?

Applications for Trademarks in Australia need to be made online through IP Australia. You'll need to provide a variety of information, including: Your personal or company name and contact details. Representation of the Trademark (word, logo, tagline, etc.)

Is it better to trademark a name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

When should I trademark my logo?

Generally, if you're using your logo in relation to your business and you're selling goods or services utilizing the logo, filing a trademark application should be at the top of your priority list.

How much does copyright cost in Australia?

The fixed deductions are currently: Copyright Agency pay-per-use licensing for text (e.g. through RightsPortal): 13.5% licence fees from media monitoring licences: 8.5% artists' resale royalty scheme: 15%

How long does a trademark last in Australia?

A trade mark is protected in all Australian states and territories for an initial period of 10 years. It can then be renewed every ten years, for a fee. You can renew your trade mark registration 12 months before the renewal date or up to 6 months after. If you renew after the due date you may have to pay a late fee.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

How much does it cost to trademark a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

How can I protect my logo?

You may register a trademark for your logo with the Secretary of State in the state where your company is based. This protects your rights within that state, so the logo cannot be copied by brands in other states. The most expensive option is to file a trademark application with the USPTO.

Should I Register logo as trademark?

To reiterate, in order to achieve the best protection for your business' brand you should seek the registration of trade marks for both its Name and Logo. However, if you are unable for any reason to apply for registration of both your Name and Logo, the Name will generally provide greater scope of protection.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can two companies have the same logo?

Yes, both companies can USE the same trademark to brand the two companies but only ONE company can own that trademark.

Do I need to register my logo?

In the U.S., you don't need to register a trademark or copyright your company's logo. Once you put down the original work on paper or digital media and use it to market your business, you automatically own the rights. However, registering a trademark affords you an extra layer of protection.

What is the difference between a trademark and a logo?

A trademark is a distinguishable and recognizable sign, design, or expression that identifies specific products or services of a particular source as distinct from others. A logo is a graphic sign, mark, or symbol used to identify a particular source. It is fair to say that a logo is a type of trademark.

What happens if I don't trademark my logo?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

What happens if you don't trademark a logo?

If you do not officially register your logo with the USTPO, you can still use it. That's because using a logo creates a "common law" trademark. Common law trademarks use either the "TM" (trademark) or "SM" (service mark) symbol to inform businesses that you own your logo.

Which is better copyright or trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.


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How to trademark a logo in australia


Comment by Kenyetta Swedenburg

hi everyone thanks for joining us today for legal visions trademarks 101 webinar my name is rebecca jones and i'm a registered trademark attorney and practice leader in the trademark team at legalvision my name is gracie chen and i'm a lawyer in legal visions ipt specializing in trademarks so our team works closely with a range of clients from startups to enterprises and assist with many aspects of ip and trademark protection including brand protection advice drafting and filing trademark applications in australia internationally responding to trademark objections and enforcing trademark rights in australia today we're going to take you through some trademark fundamentals we'll discuss the life cycle of a trademark some common pitfalls we'll also discuss some practical steps that you can take to protect sorry to protect and enforce your trademark rights we should have time for some questions at the end so please feel free to send these through as we go all right so we'll jump right in um and we'll start with looking at what actually is a trademark so a trademark of any sign that you use to distinguish your goods and services from those of other people and can be a word business name logo slogan color sound and even a smell the most common trademarks that a business will initially protect are the business name and logo and as your business grows however you might find that there are other aspects of your branding that form a large part um of your business and identity it should also be protected so an example of this is mcdonald's so they have the name mcdonald's registered as a trademark um the golden arches symbol and the slogan i'm loving it these are all separate trademarks that mcdonald's uses to represent their company and rent yeah mcdonald's is a great example to demonstrate the different trademarks that a single company can own and have a reputation in so another example of this is nike so this company owns separate trademarks for its business name nike it's tick or swish logo and the slogan just do it as gracie mentioned all sorts of signs can be registered as trademarks some examples of the more unique or non-traditional trademark registrations are cadbury's colored trademark for the colored people in relation to chocolate products and nokia's sound trademark for the well-known nokia ringtone as gracie noted the most common trademarks are a business or product name a logo or a slogan the other more non-traditional trademarks are relatively uncommon particularly set or smell trademarks in fact there are only two of these types of trademarks on the register in australia one being for the smell of eucalyptus applied to golf teas and the other being for the smell of cinnamon applied to furniture products so you might have seen the tm or r symbol used next to a trademark so the tm symbol is used when you want to claim rights in a trademark and can actually be used anytime before registration so if you're yet to apply to register your trademark or it's pending with irp australia you can use the symbol to show the public that you consider the mark as a trademark once citroen mark is officially registered and you've received a registration certificate from if you australia you can use the r symbol so displaying the r symbol can be important for putting competitors on notice of your registered rights in a trademark yeah as gracie mentioned the arsenal can only be used on trademarks once they have been registered and some people don't realize that it's actually an offence under the trademarks act to use the r symbol on an unregistered trademark so it's definitely worthwhile to know the difference now a common area of confusion for businesses is the difference between business name registrations and a trademark say you're establishing your business you've incorporated your company you've registered your business name with ethic and you've secured the top level domains for your name people are often surprised to learn that taking all of these steps doesn't necessarily mean you will be able to use your trademark the business name registration helps you to comply with essex requirements but it does not give you any separate rights in the name as a trademark although your trademark and your business name registration will often match a business name registration and a trademark registration are two entirely different things it's not compulsory to register your trademark although it is certainly best practice to obtain trademark registration and there are a number of important benefits and protection flowing from registration which gracie will discuss in a moment i also just wanted to mention that aside from trademark registrations there are also unregistered trademark rights that can exist so trademark rights can begin accruing from the moment you first adopt and use the trademark in relation to your goods or services so if you if you have commenced use before registering your trademark you actually might have started accruing rights in the trademark as you built up your reputation in the name as mentioned it's still best practice to register your trademark yeah that's a really good point um and as a couple benefits of trademark registration a registered trademark maximizes your brand protection and affords you with a number of rights both legal and non-legal first and foremost having a registered trademark provides you with an exclusive legal right to use that trademark in connection with the goods and services it's registered for so as rebecca mentioned having a business name registration doesn't provide this right so this means that you would have the power to commence action against anyone who is using the same or a similar trademark to you in connection with similar goods and services competitors are less likely to copy or misuse the trademark that's registered and without trademark registration it might be more difficult to stop those parties from copying your friend trademark registration also creates a financial asset that you can license and sell to third parties so you should ensure that you have registered rights to a trademark first before giving someone else permission to use that trademark so this would be relevant if you franchise your business for example to ensure that you have maximum control over how your franchisees will use your trademarks and branding on a similar note you shouldn't be selling a trademark to someone else without having trademark registration in place this is particularly relevant should you ever want to sell your business and it's something that a purchaser will want to know before buying business trademark registration is also important for attracting investment for your business in fact most investors will want to know if you have trademark protection for your brand because it increases your brand's credibility and reduces the risks of disputes with competitors so this means that investors can invest in your business with a greater sense of security and finally registering your trademark will significantly increase your businesses professional image and reputation being able to promote your tradem


Thanks for your comment Kenyetta Swedenburg, have a nice day.
- Tona Mousley, Staff Member


Comment by AllendeO

trademarks are a great way to protect your brand they're an important piece of intellectual property which help to distinguish your products goods and services from your competitors trademarks can include things like logos taglines or brand names however not everything is capable of being protected errors or delays in your application can be costly it's important to make sure you file your trademark as soon as possible to avoid a similar trademark being registered first you can do searches to see registered and unregistered marks in australia they can help to identify marks which may be identical or similar to yours you may need to amend your trademark if there is a confusingly similar one in the same category as yours after you determine whether you have a trademark that you want to protect and you have conducted a thorough search you can apply for registration in one or more classes that relate to the goods and services you provide there are two ways by completing a pre-filing assessment or completing a full application with a pre-filing assessment ip australia's trademark examiners will contact you within five working days of the application to advise whether your full trademark application has a good chance of being successful with a full application ip australia will contact you with a notice of acceptance or an examination report while the application is pending you can legally use the trademark symbol once you receive the certificate you can legally use the registered trademark symbol you'll need to renew your trademark every 10 years if you have any questions about registering a trademark get in touch with legalvision


Thanks AllendeO your participation is very much appreciated
- Tona Mousley


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