Trademark Registration
WHAT IS PROTECTEDA sign, being a word, letter, numeral, device, shape, colour, sound, scent or aspect of packaging, used to distinguish goods and services of one trader from those of another. Signs which are generic or descriptive of a quality or characteristic of goods or services are not prima facie registrable.
OBTAINING PROTECTION
By application to the Trade Marks Office.
WHO GAINS PROTECTION
Anyone who has an intention to trade in the relevant goods or services.
LENGTH OF PROTECTION
Once a mark has been registered it can be renewed in perpetuity. The initial period of registration is 10 years from the filing date with renewal every 10 years thereafter. A trade mark can be removed if not used.
PROTECTION CONFERRED
The right to prevent others in Australia using the trade mark or a deceptively similar trade mark in relation to the goods or services for which it is registered or for related goods or services in certain circumstances, if the unauthorised use of the trade mark is likely to deceive or confuse.