Step One: Create an Eligible Trademark
Put on your brainstorming cap and start making a list of potential logo designs. It might help to choose a number of concepts and mock-designs that encompass your business name or product names. The key to creating a good logo is ensuring that it is as unique and recognisable as possible. You are more likely to achieve trademark registration if your mark is completely dissimilar to other logos within your marketplace. Avoid choosing designs that are too reliant on current trends or that contain similar elements to other logos. Your mark should define your business and your product as uniquely your own.
Step Two: Conduct a Trademark Search
A trademark search involves scouring Australian trademark databases to unearth other registered or unregistered logos that conflict with your own. A conflicting logo does not need to be identical: some logos may only include similar elements to your own, and yet still render your logo unsuitable for registration. You might prefer to hire a trademark professional to conduct these searches on your behalf: they will be able to search comprehensively and better interpret the results on the search in order to advise you on whether or not you can register a logo as a trademark.
Step Three: Prepare and File your Application
Once you have chosen a suitable logo, you will need to complete an application form and file it with Intellectual Property Australia. Your application must include a detailed description of your logo, as well as a high-definition image that includes the correct coloring, typeface, and imagery. You must also nominate the correct goods and services classes in your application to ensure that your trademark protection is tailored to your needs.
A trademark professional can assist you in filing your application, as well as anticipating potential grounds for objection before these are identified by your examiner. It is important that your application is as descriptive, comprehensive, and accurate to your requirements as possible to ensure that it is accepted and, more importantly, that your trademark protection is tailored to your business's needs.
Step Four: Manage Your Application
It takes time to register a logo. You will need to monitor the progress of your application and manage objections raised by your examiner, or by other competing parties. During your examination, your examiner may issue you with an adverse report: this is a document outlining the grounds for rejection of your application. You will need to respond to this report within six months in order to forward your application to registration.
If your examiner does not raise any objections, your application will proceed directly to a three-month period of opposition. During these three months, other registered parties can contest your application if they believe that your logo infringes on their trademarking rights. Only once your application has proceeded through this time unopposed can you formally register a logo.
It is important that you consult a trademark professional if any objection or legal action is taken against you in order to properly navigate the legal formalities. You can quickly find yourself deep in a confusing legal battle if you do not promptly rectify the situation.
Step Five: Ensure That Your Registration is Complete
Before you formally register a logo, you must pay your registration fee. This fee must be paid within six months of the issue date of your application acceptance, or your application will cease. A trademark professional can assist you in paying your fees by the required date: this is generally a standard part of service if you have enlisted the help of a professional throughout the registration process.
Step Six: Monitor Your Protection
Once you register a logo, you need to continue to control how you use your logo within your business. If you have licensed your logo out to other parties, you will also have to monitor their use of it to ensure that it is consistent and appropriate. The constant and consistent use of your logo will make other parties aware of your rights to your mark. You will need to ensure that your logo is only used under the correct licenses. You must also continue to monitor the marketplace for logos that are similar or identical to your own: as a trademark owner, you can contest the registration of conflicting logos that might cause consumer confusion.
A trademark professional can assist you in monitoring the market as well as the trademark databases to ensure that you are not a victim of trademark infringement. Similarly, a trademark professional will ensure that you pay the renewal fees by the required date, and manage your consistent use of your mark.
Finally, should another party infringe on your rights, a trademark professional will advise you on whether to take legal action, and provide you with suitable avenues for taking ramification. Register your logo as a trademark to ensure its protection against infringers.
