Trade Mark Filing
Filing a Trade Mark
Filing a trade mark registration online allows you to protect your trade mark and prevent it from being used by others.
In order to do so you must first ensure that your trade mark is sufficiently distinctive from other trade marks so that it stands out in the marketplace.
A trade mark must NOT be:
Illegal, offensive or deceptive in nature,
Descriptive of your product/service or trade,
Something which is customary in your line of trade,
Listed as a protected symbol (see Section 4 of the act – things like Royal crests or National flags).
As long as these criteria are satisfied and there isn't already a registered trade mark similar to your own, the IPO should accept your filing.
Benefits of Trade Mark Filing
There are a number of benefits to trade mark filing. These include:
Legal Protection – filing a trade mark means your company name, logo or other mark is protected by the law. You can take legal action to prevent others from using your trade mark and damaging your goodwill.
Investing In Your Asset – a trade mark is a valuable asset of the company. As your business grows so does the value of the trade mark. You may be able to use it as collateral for loans, to sell or simply as a tax efficient asset of the business.
Recognition – filing your trade mark gives you the right to use the ® symbol, which is a good way of discouraging others from using your mark. It also looks professional and improves the image of your business.
For other benefits of trademark registration, see our blog article.
What is a Trade Mark?
Section 1(1) of he Trade Marks Act 1994 states that a Trade Mark is:
"…any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging."
So in the business world a trade mark could represent anything from your business name to your company logo.
Protecting your trade mark by filing it with the Intellectual Property Office ensures that your business is protected.
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