If you’ve just started your new business or venture in Australia, and are trying to understand the basics before confirming your brand name and logo, read on to find out more!
Why should you register a trademark?
A trademark is a way to identify a unique product or service.
It is not just ‘a logo’ - it can also be a letter, number, word, phrase, sound, smell, shape, picture, movement, aspect of packaging, or a combination of these.
A trademark isn’t a design - Intellectual property (IP) rights for a design are different from a trademark.
A design must be unique or new to be registered and a trademark doesn’t have to be. Also, a design refers specifically to the new visual features of shape, configuration, pattern or ornamentation of a product.
Important points to remember!
Before registering your trademark, make sure to evaluate your business requirements and ask yourself the following questions:
- Where do you derive your business income?
- What is the nature of your business?
- What are you known for by your customers/clients?
- What products or services does your business provide?
Once you’ve evaluated these, figure out if your application should be for products or services or both.
After this, conduct a brand check. This is to identify any issues that may prevent your trademark from being registered.
Make sure to check with your IP Lawyer as well before applying to register your trademark and incur any relevant costs as conducting a brand check alone may not confirm that your trademark will be registered.
Submitting your application
Here are some key points you should be aware of before you submit your application:
- There are 45 trademark classes to choose from.
- Classes 1 to 34 focuses on Products.
- Classes 35 to 45 are for Services.
- The heading of each class specifies the products and services covered in that particular class.
- You can also use “trademark classification search” - Picklist. This is the search engine, wherein you can search for keywords related to your business and find the classes from the list relevant to your business.
- The trademark will be granted based on the products or services you choose.
- To have adequate trademark protection, make sure you choose the classes that are applicable to your business.
- If you register for a trademark that does not match your business, you may end up without the protection you actually need.
- Once you have applied, you can’t expand the coverage of products or services you’ve chosen.
- So get this right at the first time, otherwise you have to submit another application.
If your brand’s country of origin is part of the International Madrid Agreement, your application will be straightforward. For countries not part of the agreement, you will have to speak to a lawyer to handle your application on your behalf.
Need more details on this? Ask the branding experts in Melbourne. We provide consultation and tailored solutions for your branding requirements. Plus, we have the right partners who will work on your application.
Source: IP Australia
Product and Services Trademark Classes
It is important to note that trademark registration does not entirely protect your brand as trademarks are only registered in regards to the good or service they are applied to. Here are 45 classes of goods and services to which your trademark can be registered.
| Classes 1. | Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| Classes 2. | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. |
| Classes 3. | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| Classes 4. | Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. |
| Classes 5. | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| Classes 6. | Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
| Classes 7. | Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines. |
| Classes 8. | Hand tools and implements (hand-operated); cutlery; side arms; razors. |
| Classes 9. | Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus. |
| Classes 10. | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. |
| Classes 11. | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. |
| Classes 12. | Vehicles; apparatus for locomotion by land, air or water. |
| Classes 13. | Firearms; ammunition and projectiles; explosives; fireworks. |
| Classes 14. | Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. |
| Classes 15. | Musical instruments. |
| Classes 16. | Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks. |
| Classes 17. | Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. |
| Classes 18. | Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery. |
| Classes 19. | Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
| Classes 20. | Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. |
| Classes 21. | Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| Classes 22. | Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. |
| Classes 23. | Yarns and threads, for textile use. |
| Classes 24. | Textiles and textile goods, not included in other classes; bed covers; table covers. |
| Classes 25. | Clothing, footwear, headgear. |
| Classes 26. | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. |
| Classes 27. | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). |
| Classes 28. | Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| Classes 29. | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats. |
| Classes 30. | Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice. |
| Classes 31. | Grains and agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals, malt. |
| Classes 32. | Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages. |
| Classes 33. | Alcoholic beverages (except beers). |
| Classes 34. | Tobacco; smokers’ articles; matches. |
Services Trademark Classes
| Classes 35. | Advertising; business management; business administration; office functions. |
| Classes 36. | Insurance; financial affairs; monetary affairs; real estate affairs. |
| Classes 37. | Building construction; repair; installation services. |
| Classes 38. | Telecommunications. |
| Classes 39. | Transport; packaging and storage of goods; travel arrangement. |
| Classes 40. | Treatment of materials. |
| Classes 41. | Education; providing of training; entertainment; sporting and cultural activities. |
| Classes 42. | Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| Classes 43. | Services for providing food and drink; temporary accommodation. |
| Classes 44. | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| Classes 45. | Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Now that you have all the basics for setting up your brand name and logo, you can run your new business or venture with confidence.
Goodluck!
