A trade mark is a sign.

It is the legal term used for a brand. A trade mark can be a word, name, and symbol, combination of letters, signature, numbers, logo, or even colours, shapes, sounds or scents which relate to your goods or services.

The primary function of a trade mark is to indicate the source of goods or services in which the trade mark is used from other traders.

Not all trade marks can be protected.

It is well recognised that a trade mark has become an essential marketing and advertising tool. Without reference to a particular brand or trade mark consumers would not recognise where the goods or services have come from or come to know the quality or experience expected from the brand.

A trade mark is not a company name or domain name.

You can obtain "trade mark rights" through two ways:

1. through substantive use of the trade mark over a period of time; or
2. by registering your trade mark.

You have to have an intention to use the trade mark in Australia if you intend to register the trade mark here.

The trade mark you use must be distinctive. Simply this means that it must be a trade mark that no-one else is using for your particular goods or services or is a trade mark that another trader would want to use for their goods or services. Because the function of a trade mark is to serve as an indicator of the origin of the goods it is only natural that the trade mark indicates a connection with your particular goods or services and not other traders goods or services.

The trade mark must be your "badge of origin". The goods or services relate to your particular goods or services which you sell, make, or otherwise deal with in the normal course of trade. However, while you must use the trade mark in the normal course of trade this does not mean an actual sale but any commercial dealing in the goods or services.

The 'normal course of trade' does not mean the registration of a company name, business name or domain name.

When a trade mark has been properly registered in Australia, the owners of the trade mark registration can indicate to others that the brand is properly registered by using the ® symbol next to the trade mark.