Trade Marks

A trade mark is used to identify a particular product and can include a:

• letter(s) (e.g. BMW);
• name (e.g. McDonalds);
• word (e.g. Reebok);
• signature;
• phrase (“Just do it”);
• logo;
• picture;
• packaging (e.g. Coca-Cola bottle); or
• any combination of the above.

A trade mark is most useful when there is a certain image or perception of quality associated with it. This gives it potential as a marketing tool.

The Trade Marks Act 1995 provides for registration and protection of trade marks within Australia and its territories. If regular fees are paid, a trade mark can remain registered indefinitely.

Common law (i.e. unregistered) trade marks can also exist but are not protected by statute. They are however protected by the tort of “passing off” (this protects you from others trying to use your business' reputation to sell their product) and are also recognised under Section 52 (Misleading and Deceptive Conduct) of the Trade Practices Act 1974.

Last reviewed: 27 November, 2007