Searching for an
Australian Trade Mark
We offer a free online trade mark search service. You’ll get a written report with specialist input from our
qualified trade mark attorney.
Our Trade Mark Services
We offer a free online trade mark search service. You’ll get a written report with specialist input from our
qualified trade mark attorney.
Searching for an
Preparing and Filing Your
Trade Mark Application
We can prepare and file your trade mark application in Australia as well as internationally.
Our comprehensive approach ensures your submission is accurate and that your costs are
minimised.
Applying for Trade Mark
Registration Online
We can assist with your online trade mark application. Find the online form
here.
How to Deal with
Trademark Infringement
We can enforce your trade mark rights in the event of an infringement. We can also assist in
the event of a claim that you have infringed on another’s rights.
Non-Use Matters and
Trade Mark Opposition Matters
We can prepare and submit your opposition to a trade mark application. We can also attend
to a trade mark opposition on your behalf.
International Trade Marks
Registration
We can help you achieve international protection for your trade mark in the most efficient
and cost-effective way possible.
Why Choose Mark My Words?
There are lots of reasons to choose Mark My Words Trademark Services to help you protect your brands. Here are just a few…
Low Fees
Free Additional Services
Experience
Friendly Service
Flexible Payment Options
Prompt Service
We'll Navigate the Maze for You
We provide a start-to-finish service in an area that can often be complex and confusing.
Your trade mark is a valuable asset. You don’t want to compromise it. That’s why you can trust MMW Trademark Services to activate the highest level of protection for your trade mark. Our affordable trade mark service means you get professional support from our skilled and experienced trade marks attorney, without any unnecessary costs.
Frequently Asked Questions
See our Australian Trademarks page for more commonly asked questions about trademark registration – including the rights you gain and financial benefits to you and your business.
You’ll find information on a range of topics like the cost of trade mark registration, your rights as a trade mark owner and how long the registration process takes.
At MMW Trademark Services, we pride ourselves on delivering a professional, reliable and affordable trade mark service to all clients, regardless of size and our experienced trade marks attorney is always willing to answer any of your questions.
A trade mark is basically a ‘badge of origin’ or ‘brand name’. It’s the ‘sign’ that one trader uses to distinguish their goods and/or services from those of other traders.
Just about any sign can be registered as a trade mark. It can be a word or words, a logo (made up of words and imagery or style), an image on its own, a colour, a shape or an aspect of packaging. Even smells and sounds can be registered as trade marks.
The key is to ensure that your ‘sign’ is capable of distinguishing your goods/services. In other words, it has to act as a ‘badge of origin’ for those goods or services which lets consumers and others know that the product/service belongs to you.
It stands to reason that it is more difficult to register a trade mark if it is something that other traders would genuinely need to use to describe their goods/services which are of the same or similar nature to yours, or which have the same main element or elements as yours.
By way of example, the following trade marks would be difficult to register:
- The Best Computer Shop (for retail services). Other computer shop operators are likely to need to use this phrase honestly for their own shop.
- Melbourne Chinese Restaurant (for restaurant services). Other Chinese restaurant operators in Melbourne are likely to need to inform people of their location and therefore would need to use this phrase.
- SnugFit (for clothing goods). Other clothing producers are likely to need to describe their clothes as ‘snug fitting’ and would therefore use this similar phrase.
They would be questioned on their ability to distinguish a particular trader’s goods or services from another’s.
Trade Marks may also be questioned on their capability to distinguish goods or services when they are common surnames or the names of places. Other people with that same surname have a right to use it, as do people from a certain place have the right to use the name of that place.
In many instances, it is possible to avoid this issue by combining a ‘commonly used’ word or phrase with a not-so commonly used word or phrase (or an image/logo). Generally, it’s unlikely that other traders would need to use that trade mark.
Registering your trade marks is the best way to establish legal rights to use your names, logos and brands and is the only way to gain the right to license use of your names, logos and brands to other people. It can be more difficult (and costly) to try and stop someone from using your names, logos and brands if you don’t have your trade marks registered.
The cost to register varies. The biggest factor in determining the cost is the type of products and/or services your trade mark is used to identify. All goods/service fall into ‘classes’ and fees apply per class you require. Mistakes and omissions also result in additional costs, which is why our clients trust our attention to detail. See our fees page for more information.
This is where our expert trade marks attorneys can help. We will take care of everything from ‘start to finish’ so that you can spend your time focused on what you specialise in whilst we take care of our area of expertise! Simply read the Australian trade mark process and contact us when you’re ready to proceed.
