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  2. Your application will be filed with the Australian IP Office (IP Australia). TrademarkElite is the largest trademark search engine. Profiled on TechCrunch, IEEE.

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    • You have exclusive rights

      • You have exclusive rights to use the trade mark in Australia. No one else in Australia can commercially use your trade mark for the same goods or services you have it registered for.
      business.gov.au/planning/protect-your-brand-idea-or-creation/trade-mark
  1. 1. Decide if you have a trade mark. Is a trade mark the right type of IP to protect your idea? What are trade marks? 2. Search existing trade marks. Make sure your idea is unique and isn't already registered. Search existing trade marks. 3. Understand costs and timings.

  2. Oct 9, 2023 · A trade mark is a sign ‘used, or intended to be used’ to distinguish goods or services dealt with or provided in the course of trade (s 17). As such, ‘use’ is a concept fundamental to trade mark law.

  3. A trade mark is a type of intellectual property (IP) right which distinguishes your unique brand, product or service from other competitors in the market. A trade mark can be used to protect your business name or aspects of your brand. Trade marks can be registered or unregistered.

  4. Sep 24, 2024 · A registered trade mark gives your business exclusive rights to use the trade mark in Australia. It also gives you legal rights to place the ® symbol next to your trade mark. A trade mark is not the same thing as a company name, business name or domain name.

  5. A trade mark legally protects your brand and helps customers distinguish your products or services in the market. Trade marks can be used to protect a logo, phrase, word, letter, colour, sound and more. If you want to protect: A process or how your product functions — apply for a patent; How something looks — apply for a design right

  6. Jul 11, 2024 · Registering a trade mark gives you exclusive rights to your business name in Australia. If you find a trade mark similar to yours which already exists, it may be possible for both trade marks to coexist if the goods and services they relate to are different. For example, 'DOVE' on soap and 'DOVE' on chocolate.

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  8. Sep 30, 2022 · It is possible to establish rights in an unregistered or ‘common law’ trademark in Australia. Because Australia is a ‘first-to-use’ jurisdiction, if a trademark has been used but not...

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