® trademark s intellectual property & ™
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®trademarks
intellectual property
& ™
What is a trade mark?
“A trade mark is used to distinguish your goods and services from those of another business.”
“A registered trade mark is legally enforceable and gives you exclusive rights to commercially use, license or sell it for the goods and services that it is registered under.”
IP Australiahttp://ipaustralia.gov.au/get-the-right-ip/trade-marks/
What can be trademarked?A logo…
What can be trademarked?A word or phrase…
Martin College®Google®Coca-Cola®Band-aid®Bubble wrap®Super Bowl®Dumpster®Frisbee®Hula hoop®Jeep®
“Oh what a feeling”
“I’m lovin’ it”
“Should’ve gone to Specsavers”
Photoshop®Powerpoint®Hoover®Jacuzzi®Jet Ski®La-Z-Boy®Rollerblade®Sellotape®Post-It®Velcro®
What can be trademarked?A number…
Chanel owns the trade mark for the number 5.
Other number trade marks…• 31 (Baskin-Robbins)• 57 (Heinz)• 501 (Levi Strauss & Co)• 747 (Boeing)
What can be trademarked?A specific colour…
Cadbury’s purple is trademarked
What can be trademarked?An aspect of packaging…
The ‘red wax tipped’ banana (and other colour wax tips) was trade marked by the Queensland business owners, Pacific East Coast Eco Bananas.
The trade mark helped them stop another banana grower from using purple wax tipped bananas. That farmer had to pay damages and all legal costs.
What can be trademarked?A shape…
The shapes of various Gibson guitars are trademarked.
The shape of the Coca-Cola bottle is trademarked.
What can be trademarked?A smell……
Rose scented hand wipes
Strawberry scented toothbrushes
Eucalyptus scented golf tees
What can be trademarked?A movement…
Toyota’s “Oh what a feeling” jumps are trademarked.
What can be trademarked?
• logo• word• phrase• letter• number• sound• scent
• shape• picture• colour• aspect of packaging• movement• plant or wine• combination of
these
In summary, a trade mark protects the identity of goods and services, as applied to a whole range of items…
What CAN’T be trademarked?
✗ words or phrases that describe product features (eg ‘warm’ for heaters, ‘strawberry’ for drinks, ‘global’ for shipping)
✗ words or phrases in everyday use (eg ‘ultra white’ for paper)
✗ words that sound like other trade marks, even if spelt differently
✗ common surnames or place names
✗ Images that include flags, emblems, hallmarks
✗ Pictures of everyday objects (eg cat photo for pet food) or shapes
✗ abbreviations, acronyms, numbers or letters used in relation to goods (eg MRI medical, 4x4 vehicles or XS clothing)
® ™What do the symbols mean?
Registered trade mark
Unregistered trade mark“You do not need to register a trade mark in order to use it and obtain some rights to it. The TM symbol can be used with a trade mark at any time.”
“The ® symbol is used for registered trade marks only. Placing the symbol adjacent to your trade mark puts others on notice to respect your trade mark.”
http://ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-mark-basics/benefits-of-trade-marks/
How can I check current trade marks?
http://www.ipaustralia.gov.au/redirect/atmoss.html (log in as ‘guest’)From ipaustralia.gov.au, find the ‘search for a trademark’ link, which goes to…
How can I check current trade marks?This screen shows search results for the word ‘martin’ in all classes of trade mark
What are trade mark ‘classes’?Trade marks apply to specific CLASSES of goods or services. The same trademark could be registered by different businesses in different classes. A business should protect their trade mark in all relevant classes.
More information
(Available from the Martin library)‘Owning It’ by Sharon GivoniISBN 978-0-9871947-9-4
See also: ipaustralia.gov.au
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