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Trademark Registration

Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24965
Printed Date: 23/February/2018 at 03:57


Topic: Trademark Registration
Posted By: tbham
Subject: Trademark Registration
Date Posted: 31/January/2018 at 16:08
Hi there,

I run a very small business as a sole trader, registered under my own name, and I'm looking into trademark registration for use as a business name / brand.

My question is regarding the fonts and styling protected under a single trademark registration, i.e. can a single trademark registration cover a range of fonts / styles, or must each desired font / style be listed under a separate trademark registration?

IP Australia provides the following information, however the definitions of "very unusual" and "fanciful" are not entirely clear.

"If your registration is for a word in plain typescript and you use your trade mark in a very unusual or fanciful font you may not be covered by your registration. Similarly, if your registration is for a word in a fanciful or particular unusual font and you may use your trade mark in a different fanciful or unusual font this may not be covered by your registration."

I have also read the following online (an Australian web source I have since forgotten), but have not been able to find it repeated or confirmed through any additional source.

"Register the word/s of your trade mark in block capitals. This way you can change the font, without having to re-register the trade mark."​

If anyone is able to provide any insight into my query it is much appreciated.

Thanks



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