You’re building recognition in a name or logo. Before you invest further in it, you want to know what you can protect, who should own it and whether another trade mark could get in the way.
You do not need to have every application choice settled before asking for advice. Start with your brand, what your business offers and any deadline. These are the decisions to work through before you file.
Start with what your customers recognise.
Is it the name, the logo, or both? Bring the versions you use and explain how the brand may change. A combined logo application should not simply be assumed to cover every version of its words or design.
If you have already registered a business name, that is a separate step. It does not give you the same rights as a registered trade mark. The Australian Government explains the difference.
IP Australia’s pre-application guidance helps explain the application choices. The starting point is the brand you want to build, rather than a form to complete.
Make the ownership fit your business.
Your application needs to name the appropriate legal person, rather than just a trading name. IP Australia sets out the applicant identity requirements.
If you created the brand personally, operate through several companies or have restructured, bring that history into the discussion. Ask whether the ownership documents support the arrangement you intend. Filing an application does not resolve an underlying ownership question.
Clear ownership after a restructure.
In a matter we handled, an operating business gained clear ownership of its principal brands through consolidation of its trade mark portfolio following a restructure.
Find the issues before you commit further.
An available domain or business name is not a trade mark clearance. A relevant existing mark may be similar to yours without being identical.
Australian Trade Mark Search includes registered and pending marks. Consider the results alongside the goods and services involved. An empty exact-name search does not assure you that an application will succeed or that the brand can be used without risk.
Cover what your business actually does.
Describe what you offer and intend to offer. Class numbers organise goods and services; choosing a class does not protect everything within it.
IP Australia explains that you cannot add new goods and services after filing. Settling the wording matters to the protection you are seeking.
Choose your next step with the work understood.
You can ask for help with Australian searches, advice and application work through our trade mark registration service. Your quote sets out the work before you decide to proceed. Examination objections, opposition proceedings and overseas applications need separate assessment and scope. Filing does not guarantee registration.
To begin, tell us the name or logo, what your business offers, any ownership changes and your deadline. Leave confidential documents and sensitive details out of the initial form.