A trade mark is a way of legally protecting your brand, product or service from being used without your consent. Registration of a trade mark provides owners with the exclusive legal right to use, license and sell their intellectual asset.

Put simply, a trade mark is an identity mark for your brand that can be legally protected.

The following things may be registered as trademarks in Australia:

  • Letters
  • Numbers
  • Words
  • Phrases
  • Sounds
  • Smells
  • Shapes
  • Logos
  • Pictures
  • Aspects of packaging

Benefits of a trade mark for your business

Aside from serving a protective function over the right to exclusive use of your product or service, trademarks can also increase the value of your business.

You do not need an established business profile or usage history for your product in order to apply for a trade mark. Many businesses have lodged trade mark applications pre-emptively, in anticipation of looming success.

Things to consider

Trade marks may be regarded as an asset for tax purposes. If revenue is generated from selling or licensing your trade mark, tax implications may arise.

It is important to seek professional assistance before applying for a trade mark for your business as trade mark applications require a high level of detail and can become very costly, especially if amendments are required.

Need help?

If you need help registering a trade mark for your business in Australia or have any questions in relation to the above, please contact our team of lawyers at The Quinn Group on (02) 9223 9166 or submit an online enquiry form today.