Things To Know Before You Apply For Trademarking In Australia

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Knowing the basics right 

Simply put, trademarking is a unique and full-proof way to help identify your product or services. 

One might refer to it as a protection criterion for a brand to further distinguish your offerings from that of your competitors. However, besides promising you exclusive rights for usage and licence, trademarking also serves as a potent marketing tool as it adds value to your business. 

In Australia, there are different trademark classes to choose from. Currently, the number stands at 45 which include classes 1-34 reserved for goods, and the rest 35-45 for services. So, when you are filling out the trademark application form, you might as well choose the “Pick List”, which functions as a search engine for IP Australia and allows one to enter a specific set of keywords running a match with the claims listed for correct classes. 

Trademark- Grant, Validity, and Removal 

When looking to apply for a trademark in Australia, it bears a strong relation to the goods and services that one chooses to apply for. This, however, doesn’t mean every goods and service will qualify for a trademark. 

Typically, it has to do with the number of categories you qualify for– the more the categories, the costlier it becomes in terms of upfront government fees. Now, this is where you need to be extremely careful or else you might end up choosing the wrong categories for your goods and services and eventually miss out on adequate protection for your intellectual property.

Remember, after you have submitted your trademark application, you are not allowed to make any kind of amendments, especially in terms of goods and services listed. Thus, it is recommended that you seek legal assistance from a trademark lawyer to help ascertain the right classes and ensure your business gets the protection it needs. 

After you have been granted your desired trademark, make sure you actively use it everywhere, or it can be removed due to “non-usage”. Such a step is generally taken to discourage one and all traders from registering several trademarks at one go to beat the competition. 

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