Trademarking/Registering a Logo - How/Where?

[-Sk3tChY-]

I'm in the process of starting up my own business and have had a custom logo specifically designed for my business.

I'm now in the process of looking for a Graphic Designer/Web Developer to render the logo and then edit it as necessary for use throughout my business.

I don't want someone ripping of my logo, or god forbid - TM my own logo and then prevent me from using it and I'd just like to cover all my bases and do things the right way.

After a quick google I came across IP Australia.

Is this the best way to go about registering a TM?

I've had a quick skim over the website and tried making sense of things, it's a little confusing. Has anyone done this before that can perhaps elaborate a little on what I should do? (TM Headstart? Standard Trade Mark e-form application?)

And approx how much it would cost? (It looks like it ranges from $90-$310 for 10yrs?)

[foxmulder881]

Isn't registering your logo through IP Australia the only way to protect the logos rights?

Seeing as it is the Governments own website and all, I can;t imagine there'd be any other way of doing it, legally.

Why don't you send them an email and ask them.

[-Sk3tChY-]

Originally Posted by foxmulder881

Isn't registering your logo through IP Australia the only way to protect the logos rights?

Seeing as it is the Governments own website and all, I can;t imagine there'd be any other way of doing it, legally.

My thoughs were originally the same as yours, but if you google trademarking and you get sites like www.trademarkcentral.com.au, www.MacmillanTrademarks.com.au, www.tmarque.com.au.

I'd personally stick to the .gov.au site, I'm guessing perhaps these other sites perhaps just make the process a little easier and put a slight mark up on their services.

Originally Posted by foxmulder881

Why don't you send them an email and ask them.

Yeah, that's probably what I'm going to do, I was just hoping perhaps someone here would have had some experience with trademarking some of their graphic design work.

I cam acrosss this http://www.ipaustralia.gov.au/pdfs/trademarks/kit.pdf which seems quite helpful also.

[Hugo a gogo]

I have a lot of experience with trademark rego
I registered my first trademark in 1995 and my last one was just 2 months ago
I suggest you use the headstart application
http://www.ipaustralia.gov.au/tradem...hs_start.shtml
This way you only spend $90 to get an opinion on it's suitability to go to rego so the $ risk is reduced. If it is deemed to be OK then you pay the balance of the rego fee and the trademark will be processed but it will take about 6 months to go through the whole process. The trademark registration date will be from time of application and is time stamped.
Being a logo you shouldn't have any big issues but make sure you get the class right.
Hope this helps

[-Sk3tChY-]

Originally Posted by Hugo a gogo

I have a lot of experience with trademark rego
I registered my first trademark in 1995 and my last one was just 2 months ago
I suggest you use the headstart application
http://www.ipaustralia.gov.au/tradem...hs_start.shtml
This way you only spend $90 to get an opinion on it's suitability to go to rego so the $ risk is reduced. If it is deemed to be OK then you pay the balance of the rego fee and the trademark will be processed but it will take about 6 months to go through the whole process. The trademark registration date will be from time of application and is time stamped.
Being a logo you shouldn't have any big issues but make sure you get the class right.
Hope this helps

Thanks for the comment, very useful.

Just one thing though - What exactly is a class? What classes are there? How do I know which one is the right one?

[Hugo a gogo]

U need to register your trade mark under a class which describes your goods and/or services.

If you go here you will find all the descriptions

http://www.ipaustralia.gov.au/tradem...es.shtml#goods

So if your business and it's logo were related to computers you would select class 9

When you go through the rego process it will ask you to select the class. You can put a description of the goods/ services in the field and it will suggest a class or you can enter the class yourself.

The class system works like this.

McDonald's makes hamburgers but does make cars so the trade mark McDonald's would be protected under class 43 but not under class 12
So if I made cars under the name McDonald's auto's and registered this mark under class 12 I would not be infringing McDonald's the hamburger makers intellectual property

However if I started to make and sell hamburgers under this name I'd be in a bit of trouble.

So u need to have a clear understanding as to what type of business you are starting and make sure that you trade within the trade marks class.

[-Sk3tChY-]

Ahhh ok, thanks a bunch mate.

Well the business is a small I.T. services business, so I'd assume I'd register is as class 9.

So once I pay the $90 for TM Headstart, if it gets accepted I have to pay $250 to register the TM and then im done for 10 years?

[Hugo a gogo]

Hmmmm

Class 9 covers computer goods but may not cover you for computer services. Computer services would more likely be covered by class 42

Sometimes it is necessary to register marks in more than one class.

My trade marks do not relate to computers so I'm reluctant to give you advice on which class is correct . However if you go here http://xeno.ipaustralia.gov.au/tmgoods.htm and type in IT services then you get this result

1. Class 37

Information technology (IT) services (computer and computer peripherals installation and maintenance)

2. Class 42

Information technology (IT) services (computer hardware, software & peripherals design and technical consultancy)

It is my opinion that one of the above may suit your business/ trade mark

With regard to cost

$90 to start the process-----> if approved for rego another $90----> final rego fee will be $250 and is good for 10 years

If something goes wrong with the headstart application they will give you the opportunity to "fix" stuff or you can just walk away meaning u lose $90

[-Sk3tChY-]

Cheers man, I appreciate the help, a lot!

So looks like I'm up for $90 + $90 + $250 to register a TM for 10 years, provided everything runs smoothly, sweet.

[Hugo a gogo]

You're very welcome

And yes your math is correct

[Evil-Elmo]

Good advice, for self filed applications headstart is definitely the way to go. With the goods/services be fairly liberal, cover not only goods/services you are using, but also ones you intend to use in the next 5 years. With regards to your logo, if it includes distinctive text (e.g. a catchy name, like Kodak) then I suggest you also get a plain text word mark to protect the name (logos are generally more limited in scope). IP Australia should be fairly helpful (particularly under headstart). If you get any objections (unlikely for a logo unless there is something similar already registered or it's quite plain) don't give up, it's likely arguable. Good luck.