Share on LinkedInShare on LinkedIn

ARTICLE · 20 NOVEMBER 2019

Top five factors to consider before applying for a trade mark

Holman Webb
Explore more from Holman Webb

Article outlines five key factors to take into consideration prior to filing a trade mark application.

AustraliaIntellectual Property
Daniel Jepson
Daniel Jepson
Author LinkedIn connections

As most people would likely be aware (and as Holman Webb has previously stated), trade marks are vital business assets - with dozens of trade mark applications being filed every day in Australia. With this in mind, if your application is not up to scratch, significant issues can arise down the track which may prove to be unresolvable.

Below, we outline five key factors to take into consideration prior to filing a trade mark application:

  1. Consider the form of your trade mark

  2. Is it simply a word, or will you use the word as part a logo? Will you use a shape, or even a sound to identify your products? These are questions that will need to be answered before filing. It may even be that your best course of action is to file multiple applications in order to cover the various ways that your trade mark will be used.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Counterfeit Imports – Tougher Penalties At The Border

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?
AustraliaIntellectual Property
Pointon Partners
Pointon Partners
Article

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.
AustraliaIntellectual Property
K&L Gates
K&L Gates
Article

How Can You Retain Intellectual Property When A Client Will Not Pay?

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.
AustraliaIntellectual Property
LegalVision
LegalVision