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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: 16/August/2018 at 10:19


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



Replies:
Posted By: AMK Law
Date Posted: 23/March/2018 at 10:41
Hi tbham,

It is always recommended to register a trade mark because by registering a trade mark, you get exclusive rights to use that trade mark in relation to your good and/or services. Some of the keys benefits of registration include the following:
i.     Exclusive right to use the trade mark for 10 years, which can be renewed;
ii.     Right to prevent other from using your trade mark or substantially similar trade mark and sue for damages for unauthorised use.

You mention that you would like to register a single trade mark containing different fonts, styles etc. A trade mark like that can be a bit tricky. To register your trade mark, you will need to ensure that the your application meets the requirements as set out in the Trade Marks legislation.

Should you wish to discuss this matter further or should you require help with the registration of an IP right, please feel free to contact us via email on admin@amklaw.com.au, via phone on (03) 8564 8474 or visit our website at www.amklaw.com.au

Disclaimer:
This information is of a general nature only and it is not, nor is intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional legal advice. You can contact AMK Law directly by telephone on (03) 8564 8474 or by email admin@amklaw.com.au.



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