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42<br />
SHOULD YOU REGISTER YOUR LOGO<br />
AS A TRADE MARK?<br />
A trade mark is a sign used to distinguish one person’s goods<br />
or services from those of others. A trade mark exists whether<br />
it is registered or not, but registration provides you with<br />
rights that you would not otherwise have.<br />
Quick Tip<br />
Each ‘sign’ is considered a separate trade mark, and<br />
you must register each separately with IP Australia<br />
(for example a business name and logo are two<br />
different marks). This means you will submit two<br />
applications and pay two sets of fees.<br />
When you register a word trade mark (for example, your<br />
business name), you are protecting the word or phrase.<br />
If you choose to register your logo, you are protecting<br />
the image and its overall impression, taking into account<br />
the shape, orientation and configuration. If your logo is<br />
just a stylistic representation of your name, then you<br />
may be sufficiently protected by registering the name<br />
or phrase only as a trade mark. However, if your logo<br />
has a distinctive appearance or is key to your branding,<br />
you should also consider registering the image to ensure<br />
maximum protection of your IP.<br />
When it comes to protecting your brand, you can't register<br />
generic words that are commonly used to describe a<br />
type of business such as "online grocery store". You are<br />
also prohibited from registering geographical names, the<br />
names of international organisations and offensive marks.<br />
Once you’ve picked a name that you like, and that isn’t in use<br />
or registered by someone else, apply for the trade mark and<br />
register all of the relevant domain names at the same time.<br />
42
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