ABOUT THE CONTRIBUTOR

Binh Rey
Binh Rey Binh Rey is the Principal Consultant and founder of Seriously Trademarks, she is passionate about helping people and companies to successfully brand and protect their most important business asset, their name. Binh has worked in senior marketing and sales roles within the IT industry for over 15 years, and thus truly understands the importance of branding products and/or services to gain a competitive edge in the market place. Binh holds a Masters of Business in Marketing from the University of Technology, Sydney and has worked within the trademarking services industry for the last five years. Her trademark success rate for clients is over 90% since establishing Seriously Trademarks. She really enjoys learning and helping people find the right protection for their brand. Seriously Trademarks was established with an ambitious aim of providing honest affordable service with great customer care.

Binh Rey has written 21 article(s) for us.

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Fact File: 10 Essential Trademark Facts You Need To Know

November 24, 2015 | Binh Rey

A trade mark is typically a name, word, phrase, logo, symbol or image; but less commonly is a sound, scent, 3D shape, colour, packaging or a combination of two or more of these elements.

Here are ten facts you need to know about them:

Fact 1:  A logo trademark only protects you for the visual look of your brand.

Fact 2:  A word trademark protects you for the exclusive use of the word(s).

Fact 3:  Trademark protection is only valid within the country of the application.

Fact 4:  Trademarks registration is for a ten year period and is renewable within one year of the expiry date.

Fact 5:  The quickest timeframe for a trademark can be registered is seven months, however realistically it can take up to eight months in Australia and longer in other countries outside of Australia.

Fact 6:  Once an application has been approved by the trademark examiner, it is published in the Trademarks Journal of Australia for a period of 2 months and up to three months in some other country jurisdictions.  The reason for this is to allow public comment on your application.  It is a bit like submitting building plans for public comment, the council gives you the go ahead on your plans however before you are given the permit to build, you are required to post a notice in front of your house to allow for public input into your application to extend.

Fact 7:  Within the 2 month public advertising period anyone can object to your application from within the country and outside the country where the application is submitted.

Fact 8:  There are 45 classes in which a trademark can be protected.

To explain why a person or corporation would seek to register their trademark in more than one class I will illustrate by way of example.

A window frame maker offers both a product and a service. They manufacture and wholesale windows in Australia and also install the windows direct to the public.  In this case, the window maker would apply for two trademarks, one in the product class and one in the service class.

Fact 9:  Class 1 to 34 offer product protection.

Fact 10:   Class 35 to 45 offer service protection.

If you have any questions in relation to trademarks for your business please leave a comment below so I can help you.