Knowing what your actual trademark is and the best way to protect it are essential considerations before filing for registration.

A trademark is often a name or a device (logo) or slogan or combination of one or more of these elements (but can be many other things too). How a trademark is filed has a profound effect its ability to protect your brand. Should you protect your brand with separate trademarks for your name or device or slogan or file them together?

We example a case below.

Our brand (name and device):

We have 4 options on how to protect our brand :

Option

First trademark

Second trademark

A  
B    
C   “MacMillan” (word trademark)
D   N/A

 

Which way your trademark should be filed depends on a number of factors.

An incorrectly filed trademark can be susceptible for removal. Don’t risk protection of your most valuable asset, your brand.

As part of our fixed fees at MacMillan Trademarks we spend the time to get to know your business, how your trademarks are used and provide a recommendation on the best way to protect them.

OTHER ASPECTS TO CONSIDER WHEN FILING YOUR TRADEMAR

1.  The goods or services you need to register.

Australia adheres to the specification of goods and services according to an international classification system known as the NICE Classification. There are 45 different classes of goods and services that a trademark may be registered in.

We provide you with a proposed specification of goods and services to obtain the widest possible protection for your business. In Australian statutory trademark fees are based on the number of classes we file in not the number of goods or services covered, so within a class it costs the same to file 1 or 20 items.

We also consider if you should include goods or services that your business may expand into in the coming months or years.

Our specifications will accord to the Australian trademark regulations and local practice so there are no objections and where we designate your goods and services correctly we can obtain a lower official filing fee.

2. Should you file a trademark in a company name, individual name or register a separate company to hold your IP?

Every case is different, so to discover more, engage us for your trademarks registration and we’ll provide the right advice for your case.

3. File in colour or black and white?

4. Should you include a domain name in your trademark?

5. Should you include geographical indications in your trademark?

6. Should you include a slogan with your trademark?

7. Should your trademark be filed in upper case or lower case lettering?

Should I file in other countries at the same time or in Australia first?

 

To engage us to assist with the correct protection of your brand, contact us today.