International Trade Mark Protection - ONE INTELLECTUAL PROPERTY PTY LTD

THE “HIGH 5” LEADING TO A SUCCESSFUL AND STRONG IP PROTECTION PORTFOLIO

5. Global commercialisation of IP rights through valuation, strategic licensing and ongoing maintenance

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WORD TRADE MARK

A word trade mark mainly comprises of a letter, a word or a series of words. It can also be a:

word (in a plain font or a ‘fancy’ font)
phrase
letter
number

COMPOSITE TRADE MARK

Trade marks comprising any combination of words, devices, shapes, sounds, scents and/or colour elements must satisfy the requirement that, when taken as a whole, they are capable of distinguishing designated goods or services in the marketplace. However, it could be said that combinations are likely to have a higher capacity to distinguish and are more likely to be prima facie capable of distinguishing. Composite trade marks are:

a logo
a picture
an aspect of packaging
or a combination of the above.

CERTIFICATION TRADE MARK

A certification trade mark identifies a trader’s goods or services that possess a particular standard or characteristic. Standards commonly certified include quality, content, manufacturing method and geographic origin.
In Australia, certification trade marks are also one of the two main ways to protect geographical indications. Geographical indications for wine can also be registered through Wine Australia.

SENSORY TRADE MARKS – SOUND MARK AND SCENT MARK

The definition of “sign” in the Australian Trade Marks Act allows for registering sounds or scents as trade marks. While these types of trade marks are not as common as those of words or devices, identification of goods or services via the auditory or olfactory senses is entirely possible. These “sensory” marks must meet the exact requirements as any other trade mark. They must be capable of distinguishing the goods/services of the trade mark owner from the similar goods and services of other traders.

Frequently Asked Questions

WHAT IS A TRADE MARK?

The law defines a trade mark as a way of identifying a unique product or service such as a letter, number, word, phrase, sound, smell, shape, business name, logo, picture and/or aspect of packaging. It distinguishes the goods and services and traders from those of another. Your logo or name is what sets your brand apart and makes it recognisable – however, to own the rights to it, you must register it. ONE IP INTERNATIONAL provides services concerning every step of the process involved in getting a Trade Mark, both domestically within Australia and internationally. Our expert advice and years of experience both at home and abroad position us with the skills and intimate process knowledge required to ensure your Trade Mark is successfully registered and can be protected. Please be aware that the trade mark process and administration of trade marks can be very complex, especially if you operate in multiple jurisdictions. We strongly advise you to ensure that your trade mark(s) are fully protected in your markets to avoid the risk of infringements on your trade mark(s) and business interests.

WHY DO I NEED A TRADE MARK?

There are four fundamental reasons why every business should register a trade mark.

A – If you don’t register your trade mark, someone else can use the name of your goods or services and pass it off as their own at your expense. This can considerably detract from customer/client intake. If you have a trade mark, you can stop all other businesses in the same field from using the same or a similar trade mark and have them pay you compensation for infringements.

B – If someone registers a similar trade mark to yours before you do, they can legally force you to cease using that name, logo or slogan in the sale of your goods or services. Registering a business name and attaining an ABN does not provide any protection against this. If you are forced to stop using a trade mark, the cost of rebranding and building a new reputation can be very expensive.

C – Trade marks function on a first to register basis. As soon as you apply to register, you will prioritise any other later registration if your trade mark is accepted. The sooner you apply, the more effective your trade mark becomes.

D – Trade marks, as a form of intangible assets, increase in value over time if your business reputation grows. As well as a means of protecting your business, a trade mark can be a precious investment that can, like any investment, can be sold or licenced to others.

WHAT IF I AM NOT SURE WHETHER I NEED A PATENT, COPYRIGHT, TRADE MARK OR A REGISTERED DESIGN?

We are a comprehensive Intellectual Property (IP) legal services provider with more than 20 years of experience in every area of IP protection on a global level. We keep it simple and tell you which process is the most effective avenue to protect your intellectual property, tailoring our advice to suit your circumstances.

WHAT IF THE CASE GETS COMPLICATED? HOW MUCH EXTRA WILL THIS COST ME?

Our fixed fee services approach means that you know how much the protection your IP interest will cost you ahead of time. We don’t charge you for every minute we spend on the phone or every email we send. Every matter can be unpredictable, but the fees shouldn’t be.

HOW MUCH WILL THE INITIAL GLOBAL IP STRATEGY CONSULTATION COST ME?

We have no initial consultation fee. We’re here to listen. We want open communication without the worry of rising costs. This allows us to understand your case better so we can provide you with informed advice.

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Why ONE IP INTERNATIONAL?

MAKING INFORMED DECISIONS WITH A COMPREHENSIVE IP STRATEGY

To make a business successful, a comprehensive analysis of all aspects of its challenges on a global level is key. We analyse, educate, create a global IP strategy and connect you to IP experts in all required jurisdictions worldwide so that you can make informed decisions and run your business with confidence.

COST CERTAINTY AND BUDGET CONTROL

With our fixed-fee approach, concerning protecting all significant IP rights, we offer our clients certainty, transparency and complete budget control. Always!

MULTI-CULTURAL AND MULTI-LINGUAL IP EXPERT TEAM PARTNER – THE WORLD AT YOUR FINGERTIPS

International IP protection involves dealing with various authorities in the respective countries of interest. Our multi-cultural team, located in Sydney, Kalgoorlie, Stuttgart, Berlin, Buenos Aires and Ho-Chi-Minh City, speaks eight languages and facilitates connections to IP experts in all jurisdictions globally, across continents.