Business Trade Mark: Protection, Application and Renewal


An ideal trade mark is essential in establishing a brand from any business organisation. In simple terms, the trade mark is a recognisable and unique design or other expression that identifies specific services and goods as products from a specific source. This mark can be used on packages, vouchers, labels and even on the pertinent products. You can also choose to display a trade mark on your commercial building to promote corporate identity. If you are a brand owner and have recently created a trade mark, you will need to register it for validity. It is advisable to consult a trademark lawyer for assistance in legalising your selected brand identity.

Trade Mark Protection

The trade mark is an important commercial asset that can contribute significantly to your success. In simple terms, the trade mark can be an influential marketing tool, and it will signify the desirability of your products to your clients. Therefore, it is important to protect your trademark against misuse by other proprietors through registration. The Trade Marks Act provides enforceable legal rights to your business if you have official rights to a trade mark and another company attempts to use or register the same identity. In some cases, you can still defend or protect your unregistered mark. However, this can be difficult since you must present evidence of a notable business reputation or at least goodwill that is directly connected to the pertinent trade mark.


The application required to register a business trade mark must be filed with the Trade Marks Office through Intellectual Property Australia. Generally, you will need to present the details of the potential trademark or a representation of the pertinent design. It is prudent to perform thorough research on your proposed expression or logo before presenting your application. The Trade Marks Register will allow you to determine whether the mark is available for registration or already in use by another company. A comprehensive search can be time-consuming, but it will save you money and disappointment in case there is a similar mark.


The trade mark will legally belong to your company after official registration and approval. However, the contract is only valid for ten years, so you will need to renew the legal ownership periodically. Your trade mark attorney or the IP Australia services will provide you with information on the expiration date of your trademark. You should also inquire about the requisite renewal fee for the process and the details on payment, restrictions and making changes.


5 January 2016

Sorting out my dad's estate

My dad died when I was still pretty young so it's been a big surprise all the stuff I've had to do to sort out his estate. I'm an only child and my folks divorced when I was a baby so most of the work fell to me. He was kind of disorganised and grumpy, but at least he'd spoken to his lawyer and got a proper will drawn up which saved on confusion at a tricky time. If you are a young person dealing with the estate of a deceased parent, this blog is designed to help you navigate the legal processes.