Brandsmith & Co

Frequently Asked Questions

If you’ve ever asked yourself the above question, you’ve come to the right place!

We specialise in ensuring you own your brand and are here to take on the end-to-end process of protecting it. In the following FAQs we aim to answer those frequently asked questions you may have and can assist you with all the services mentioned below. Contact us now!

A brand is a unique identity for your product or service in the marketplace. This includes everything from your brand name, logo, and visual elements to any common phrases and slogans you use in your marketing.

Owning your brand is important because it sets you apart from your competitors and creates a recognisable identity for your business. A strong brand can foster customer loyalty, enhance your reputation, and even allow you to charge a premium for your products or services.

A business is the organisation that produces products or services, while a brand is the image or identity that represents those products or services in the minds of consumers. In other words, your business is what you do, while your brand is how people perceive you.

A trade mark legally protects your brand and helps customers distinguish your product or services in the market.  Registering a trade mark helps you safeguard your brand’s identity and take legal action against infringers.

Trade marks are a business asset. Owning your brand gives you the ability to licence it, franchise it or sell it.

Registering your trade mark gives you the exclusive right to use it in Australia in connection with the goods or services your business provides. It also gives you the legal right to place the ® symbol next to your trade mark and stop others from using it.

Registration of a trade mark takes a minimum of 7 months in Australia.

Trade marks need to be renewed every 10 years in Australia. Find out what the renewal process involves, and what happens if you fail to renew your trade mark on time.

The cost of registering a trade mark depends on several different factors including what goods or services your business provides, which countries you are trading in and what type of filing system you choose to use. For a detailed quote, please follow the steps in the LINK.

Trade mark classes refer to the various categories under which you can register your trade mark. These classes are divided into 45 categories, with goods falling under classes 1-34 and services under classes 35-45. When applying for trade mark registration, it is necessary to select the classes that are relevant to the goods or services your business offers or plans to offer. A filing fee is required for each class selected during the application process.

A filing fee is a mandatory payment made to IP Australia, the government organisation responsible for administering intellectual property rights in Australia. This fee covers the processing and review of your application and is paid at the time of submitting your trade mark application.

The filing fee for a trade mark application is determined by the number of classes you select and the chosen application process. Currently, if you use a streamlined filing system called TM Headstart, the total filing fee is $330 per class. However, if you opt for a standard application using the pick list, the fee is $250 per class. It is important to check the current fee schedule with IP Australia to ensure you have accurate information before an application is submitted.

The filing fee is payable to IP Australia, the government organisation responsible for administering trade mark applications. If you choose to use our firm to handle the trade marking process for you, we will request that you cover this fee before we submit the application. This allows us to prepare and complete the process on your behalf.

Yes, in addition to the filing fee, you will also need to cover our legal fees if you choose to engage our firm. Using a trade mark attorney like us can simplify the application process, allowing you to concentrate on your business while we handle the intricacies of the trade marking process and advise you on other aspects of owning your brand.

TM Headstart is a streamlined service where applicants receive an initial report within five business days, providing a quick evaluation of your trade mark application. While the total filing fee is slightly higher, it provides applicants with an opportunity to identify any potential issues early on. This allows us to make necessary adjustments before proceeding to the formal assessment of your trade mark.

Our team will assess your requirements and recommend the most suitable approach for your trade mark application. If you engage us, we’ll handle the application process ensuring that it aligns with your specific needs and objectives.

If the trade mark examiner reviews your application and rejects it, you will receive an adverse report explaining the legal reasons for the decision. Our team is well-equipped to review these adverse reports and offer you professional guidance on the available options to address the concerns raised.

Acceptance by the examiner is a significant step in the trade mark registration process. However, before the trade mark is fully registered, it must be published in the Official Journal of Trade Marks by IP Australia. This publication allows a two-month period for any third party to oppose the registration, after which the trade mark can be officially registered if there are no objections.

Trade Mark protection is territorial. Your trade mark will only be protected in the countries where you register it.

Yes, you can file trade mark applications separately in each country where you want to protect your trade mark or use international systems like the Madrid Protocol.

The Madrid Protocol is an international treaty that allows trade mark applications in multiple countries to be filed through a single application.

Registering a business name does not give you any exclusive rights in that name. It also does not stop someone who has registered the name as a trade mark from using it and doesn’t protect any other parts of your brand such as logos, slogans or marketing materials.

You can trade mark both your brand name and logo together or separately, as long as they meet the criteria for registration.

No, registering a domain name does not automatically grant you legal protection for your brand. While a registered domain name can be an important part of your online presence, it does not provide legal protection for your brand name.

If someone else is already using your brand name in Australia, you’ll need to know your legal options. This could involve negotiating with the other party, challenging their use of the mark, or rebranding your own business. We can assist you here.

If someone infringes your trade mark (i.e., uses a mark that’s the same or deceptively similar to yours without your permission), you’ll want to know what legal options are available to you.

There are ways to monitor new trade mark applications and oppose those that are too similar to your own. Ask us about these procedures.

Copyright can protect original works of authorship, including logos, designs, and marketing materials. If someone designs your logo, they might own it unless you take the necessary legal steps. Contact us and find out how to own all the elements of your brand.