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Trademark my logo and name9/8/2023 ![]() ![]() Once you apply, your trademark application is assigned to a USPTO examining attorney for review. A specimen such as a label or a package that shows your name in use if your filing is based on use in commerce (if you file on an intent to use basis, you will provide this later).The basis for your filing: either use "in commerce" (if you are already using your name in business) or "intent to use" (if you haven't started using it yet).The goods or services that you want to register your name for.The name and address of the mark's owner.Your application must be filed with the USPTO, and it must include: So if you really want enhanced protection, it's a good idea to register your trademark as soon as possible. With federal trademark registration, you can file a trademark infringement lawsuit in federal court. Similarly, in the event of a court dispute over your name, common law ownership only offers limited protection. This is especially helpful if you plan to sell your products or services outside your local area. When you register a trademark with the United States Patent and Trademark Office (USPTO), however, your trademark rights protect you nationwide. One limitation of common law ownership is that your name is only protected in the geographic area where it is being used. However, common law rights only go so far. What is common law ownership?Īs you start selling your product or service, you automatically have what's called "common law ownership" of that name without having to register it formally. Here are some insights that will help you understand how to trademark a name, as well as what you need to know before you apply for trademark registration. This name is a key feature of your brand, and it's smart to protect it with a registered trademark.Ī registered trademark gives you exclusive rights to identify your product or service with that name, informs everyone that you are the owner of that trademark, and bars others from using it or piggybacking on your brand. Apply for a patent online at IP Australia.Creating a unique business name is one of the most exciting parts of starting a new business.eSearch IP Australia's AusPat database to see if your invention already exists.gives you exclusive right to exploit the invention for the life of the patent.let you license someone else to manufacture your invention.stop others from manufacturing, using or selling your invention in Australia without your permission.What is a patent?Ī patent is a right granted for any device, substance, method or process that is new, inventive and useful. IP Australia or a patent lawyer can help you do this. If you buy a business that already has trade mark or registered design, you'll need to transfer these into your name. apply for a new or existing trade mark online using Intellectual Property Australia Trade Mark Assist.search IP Australia's ATMOSS database to see if the trade mark you want to use is available.Try IP Australia's streamlined Trade mark check tool to check if a trade mark is available and apply for it at the same time. Learn more about the difference between a business name and a trade mark on Apply for a trade mark To have a legal right over the name and be able to take legal action against illegal users of your name, you need to register it as a trade mark. Registering a business or company name doesn't mean you own the name. Registered business names and registered trade marks protect the trade mark if others try to use it. ![]() assign, transfer or sell the rights to the trade mark to another business.use the trade mark for commercial purposes.use the trade mark across the Commonwealth of Australia.Registering a trade mark gives you exclusive rights to: You can trademark a word, phrase, letter, number, sound, smell, shape, logo, picture or packaging. It's used to distinguish your goods or services from your competitors. For example, your business or company name, or a slogan. The 5 major methods of protecting your IP are:Ī trade mark is a right that is granted over IP that your business uses to represent its products and services. How to protect your intellectual property It's important to protect these creations as they can have commercial value for your business. Intellectual property (IP) refers to new or original creations of the mind such as: ![]()
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