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How to Trademark Your Brand or Logo in Australia

04/25/2019
Are you looking to trademark your brand or logo in Australia? The process of can be easy or hard. Here’s how to make the process go as smoothly as possible.

Are you looking to trademark your logo or brand in Australia? The process of obtaining a trademark for your brand can go one of two ways. The first being a breeze, the other being a lengthy mess of forms, misinformation, and unhappiness. To avoid the latter, we at Soak Creative are here to help make the ordeal go as smoothly as possible.

As a brand agency in Brisbane, we know the benefits that getting an Australian brand trademark can do for a business. From establishing your business and giving it credibility, to protecting your assets and ensuring your continued success, taking this legal measure is one hundred percent worth it.

Once you’ve decided you want this, you might not know where you begin. It’s not every day that you try to trademark your brand. That’s where Soak Creative comes in. We can break down step by step exactly how you can enhance your brand and logo with trademarking. Our advisors are here to help you fully understand the process, determine what can go wrong, and recommend how to protect yourself.

Why You Should Trademark Your Logo

There are many reasons why securing the rights to your logo can greatly benefit your brand. As your business grows in success, so does the value of your trademark. When this happens, you need to protect both your brand and business’s image. At the end of the day, reputation is everything.

As well as protection, getting legal ownership of your brand’s logo grants you rights that you wouldn’t have otherwise. Here are just a few:

  • You can sell your logo as it will be considered personal property
  • Who can use your trademark will only be authorised by you
  • The trademark can be used as your brand’s name
  • You will have more merit when it comes to stopping people from using your brand or logo without permission

Learn more about the benefits of trademarking your brand.

What Can Be Trademarked?

The options for what elements of your brand can be trademarked are expansive, giving you plenty of options. Choosing what to trademark can be a tricky task, especially when your brand’s representation will depend on it. Qualities like sounds, scents, movement, and other specific objects can all be legally claimed. If you do a bit of research, you’ll find plenty of lists for items that can be trademarked in Australia.

Do You Qualify?

Before applying, it’s important to know if you qualify for a trademark. Having the right expectations and intentions for a trademark will increase your chances of successfully getting one. Plus, you don’t want to apply for something that in the end you don’t actually need.

Here are some factors to consider to ensure you can qualify for ownership:

  • Make sure your trademark is completely original and doesn’t infringe on already established ones. You can search for existing trademarks at IP Australia here.
  • Have a company, part of an incorporated association, be an individual, or any combination of the three
  • Express the intent to use it for the business or brand you’re registering for
  • Avoid applying as a business but apply instead as an individual

If you’re still not sure whether you qualify, there are a few things you can avoid. If your trademark falls into any of these categories, it’s safe to assume it won’t be approved.

Make sure to avoid including these things in your mark:

  • The names of geographical places or common surnames
  • Indicating the kind of service, quality of service, or purpose of service in relation to your business
  • Interfering with an already established trademark
  • Potential misinformation about your goods or services

Applying for your brand trademark online

After all that work, it’s finally time to apply!

This is actually one of the least stressful parts of the process. Fortunately, the process is made simpler by the fact that you can now apply online for Australian trademarks.

After you submit your application, the IP Australia will review it. This review will make sure your mark meets all of the qualifications. This process can take up to 13 weeks. As long as you prepare beforehand and make sure you’ve avoided any of the disqualifying categories, you should be the proud owner of a new mark in no time!

Contact Us Today

Finding the perfect logo to trademark, applying for one, and maintaining your brand can all seem overwhelming. That’s understandable, and it’s hard to do by yourself. With a simple misstep, this can also become a costly endeavour. If you want some extra help, get in contact with Soak Creative ASAP!

We have trained professionals and take our business as a trademark company in Brisbane very seriously. We’ll go over all your options and figure out whether a mark is right for you. Next, we’ll see if you qualify, and finally we’ll help you apply. Every step of the way, we can help.

Don’t let your brand be at risk any longer. Contact us for guidance and start the process of getting your brand trademark.

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