A trade mark is a sign that can distinguish one trader's goods and services from those of another. A trade mark can be a word, letter, number, symbol, shape, logo, design, scent, phrase, or a combination thereof. Trade marks help consumers to recognise the origin or source of the goods or services being offered.

Registration of a trade mark will give you the exclusive right to use the same or similar trade mark for the designated goods and/or services. The owner of a registered trade mark may grant a third party a licence to use the trade mark.

There is no set timing at which you must register your trade mark. In saying that, the earlier you register, the greater your legal protection against third party infringements which can cause confusion in the marketplace and damage to your business.

Before applying for registration of a trade mark, you will need to decide who will be owning the trade mark. The owner may be an individual or a company, or a combination of both. A trade mark application or registration can be assigned (transferred) to a different owner later.

A company or business name does not grant you proprietary rights in that name. As you do not own the name, someone could obtain a very similar company/ business name and you would not be able to stop him/her from using that name.

A trade mark is generally examined in four or five months after it has been filed with IP Australia. If the application goes smoothly, a trade mark can be registered seven and a half months after.

When applying for your trade mark, you must define the goods or services associated with the use of your trade mark. Remember that your trade mark registration only grants you exclusive rights to use your trade mark in relation to the goods and services you have chosen.

When applying for a trade mark, IP Australia provides a list of pre-approved goods and services under the name of the Pick List. By selecting your goods/services from the Pick List, you are guaranteed a correct classification and avoid an IP objection to your registration.

Engaging a professional to prepare and file your trade marks and monitor the progress can reduce the likelihood of objections from IP Australia and oppositions from other traders against your application. Incorrect filing or filing with poor specifications may require you to re-file your application with a later filing date, increasing your costs and exposing your business to competitors registering the same mark.

The ® symbol shows that the trade mark is registered while the ™ symbol shows that the word/logo referred to functions as your trade mark, but is not necessarily registered. Note that use of the ® symbol on products in Australia may constitute an offence if the mark is not actually registered in Australia.

As the owner of a trade mark, you have a range of legal and enforceable rights that allow you to take action against people or companies that infringe your rights. Generally, such action starts with issuing a letter of demand requesting they cease and desist the use of your trade mark or initiate court action immediately.