Frequently Asked Questions
Our FAQ page is designed to answer the most commonly asked question.
General trademark introduction
What you need to consider before going ahead with selecting and using a new brand
What is a Trademark?
Do you know what a trade mark is? Is it only a word or a logo? Hear more on variations to consider.
Is a trademark the same as a business name?
The differences are critical and set out in this video.
Can I search myself to see if someone else has a trademark registration for my proposed brand?
Searching for whether a trade mark is available is not as straightforward as you may think. Consider points in this video on researching to avoid wasting money on a brand you may believe is available but in Trade Mark Law terms is not.
If I choose a name, can I use it without trademark registration? What happens if I don’t register my brand as a trademark?
Knowing the risks of using a brand without trademark registration are very important for a SME. Listen to some of those on this video.
Why would I use a specialist to register a trademark, rather than do it myself?
There are many aspects to trademarking a name under Trade Mark Law – are you aware of those? A Specialist in this area knows not only whether your mark is likely to achieve registration (and therefore not waste time and money on a mark), but can also get the best protection for your 10 year registration. This video outlines some of the pitfalls.
Doesn’t it cost thousands of dollars to register a trademark?
What is your brand worth to you? What would it cost to rebrand if you had to because the brand you chose belonged to a competitor? The cost of a 10 year registration in 1 class can cost currently as low as AU$1300-1400 covering Government fees, our fees and GST. This equals about $140 per year on average. Listen for points on this.
Once I register my trademark in Australia, is it covered overseas?
A trade mark needs to be covered in each country of interest – this video goes into more details about how this can be done.
What is the difference between ™ and ® symbols? Do I have to use either?
There are significant fines for getting this wrong so the differences are outlined in this video.
Why spend money on trademark registration?
If your business or product name is not registered, you do not have the full suite of rights under IP law to protect your trademark if another business tries to start using your name.
Okay – I know I should trademark my brand, so can you do it straightaway this week?
Trade mark registration takes a minimum of around 8 months. This video provides for details on timeframes.