Trade Marks

A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or a combination of any of these elements used to distinguish the goods or services of a business.

The trade mark should distinguish the goods or services of the trade mark's owner from those of its competitors. This can be done by symbolising a certain image, quality, personality or reputation that will assist in attaining and maintaining a competitive advantage.

While it is not compulsory to register a trade mark, registration does give you the exclusive legal right to use, license or sell the trade mark within Australia, for the goods and services for which it is registered.

Examples of Australian registered trademarks include:

  • Arnott's;
  • Mortein;
  • Qantas;
  • Redheads;
  • Weet-Bix; and
  • Vegemite.

Trade marks are administered by IP Australia visit their website for more information.

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