Types of Trademarks

Trade Marking Words and Graphics

Typically, a trade mark consists of both a written and a graphical
component. When it does, you should seek a minimum of two
registrations: the combination of the written and graphical component;
and the written component alone. If the pictorial component
can be easily separated from the written component, a third
registration may be required for the graphical element alone.
For example, the Nike logo could be protected by three separate
trade mark registrations: the Nike tick (graphical element); the
word ‘Nike’ (written element); and the combination of the two.

Trade Marking Words

Where a trade mark consists solely of words, it should be lodged
using plain black capital letters. This form of registration offers
much broader protection; it safeguards any style, colour or font
of the trade mark, rather than a specific style only. If a particular
style, colour or font of the word has branding significance, then
two registrations can be lodged: the plain trade mark; and the
stylised trade mark.

Trade Marking Domain Names

If your trade mark is used as a domain name, it is often worth
registering the word in the form that it appears in that domain
name, that is, without spaces or hyphens between words and
without suffixes (such as .com or .com.au). This type of registration
is usually necessary only for very generic, or very descriptive,
trade marks.

Trade Mark Series Application

You can apply to register more than one trade mark on one application
if the trade marks are essentially the same. This is called a series application. To qualify as a series application, the differences between the trade marks must be extremely minor.

Leave a Reply

Your email address will not be published. Required fields are marked *