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Protecting your business with a trademark

12 October 2022

Intellectual Property (IP) Australia is trialling a new online tool to help small businesses to check and register a trademark.

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A trademark refers to a type of property, known as 'intellectual property' or IP. By registering a trademark, you are given legal protection over your brand so you can prevent others from using it.

Intellectual property refers to any creation, including inventions, symbols or designs that can have commercial value for a business.

Intellectual property can be protected through a trademark, patents, design rights, domain names and copyright.

Businesses can trademark a word, phrase, letter, number, sound, smell, shape, movement, logo, picture or packaging.

Registering a trademark provides you with exclusive rights to:

  • Use the trademark across the Commonwealth of Australia
  • Use the trademark for commercial purposes
  • Assign, transfer or sell the rights to the trademark to another business
  • Protect the trademark if others try to use it.

Registering your business or company name doesn’t mean you own it or give you any legal rights to the brand.

It’s important to register a trademark to ensure you have legal right over the name and can take legal action if needed.

How to apply for a trademark?

IP Australia’s new trademark check tool helps businesses check if a trademark is available and apply for it at the same time. It’s free to use and streamlines the trademark research and application process.

Visit IP Australia to learn more about registering a trademark. Access the trademark check tool here.

 

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