Trade Marks Act

The Trade Marks Act defines the law in regards to what marks can be registered and what constitutes infringement of this type of intellectual property.

There are a number of different things that the Trade Marks Act identifies as being eligible for registration and this includes:

• Words
• Phrases or slogans
• Numerals
• Logos
• Colours
• Shapes
• Sounds
• Scents
• Combination of the above.

There are also signs which are difficult to register under the Trade Marks Act. These include:

• Geographical locations (i.e. MELBOURNE TAXIS)
• Misleading trade marks (i.e. PAINLESS TATOOS)
• Descriptive words (i.e. GOLF BALLS for sporting goods).
• Offensive words
• Signs protected under the Trade Marks Act (OLYMPIC, POLICE,RED CROSS)
• Some surnames (LEE, SMITH).

The most important information you should know is that if you want to properly register you trade mark it must be distinctive of your particular goods or services. This means that your proposed trade mark must not describe your goods or services, or is a sign that others are using, or would want to use for your particular goods or services.

A trade mark registration offers a lot more protection than is available under common law or merely having a company, business name registration, or domain name registration.

Remember if your trade mark has been registered for five years but has not been used for three years or more it can be removed from the Australian Trade Marks Register by a third party. If however you use your trade mark it can be registered indefinitely as long as you pay the required renewals fees every ten years.