Introduction to what a trademark protects, what can and can't be trademarked, and how to search or register Australian trademarks

1. trademarks
intellectual property
& ™

2. 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 Australia
http://ipaustralia.gov.au/get-the-right-ip/trade-marks/

3. What can be trademarked?
A logo…

4. 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®

5. 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)

6. What can be trademarked?
A specific colour…
Cadbury’s purple is
trademarked

7. 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.

8. What can be trademarked?
A shape…
The shapes of various
Gibson guitars are
trademarked.
The shape of the
Coca-Cola bottle is
trademarked.

9. What can be trademarked?
A smell……
Rose scented
hand wipes
Strawberry scented
toothbrushes
Eucalyptus scented
golf tees

10. What can be trademarked?
A movement…
Toyota’s “Oh what a
feeling” jumps are
trademarked.

11. 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…

12. 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)

13. 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/

14. 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…

15. How can I check current trade marks?
This screen shows search results for the word ‘martin’ in all classes of trade mark

16. 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.

17. More information
(Available from the Martin library)
‘Owning It’ by Sharon Givoni
ISBN 978-0-9871947-9-4
See also: ipaustralia.gov.au