Protecting goodwill is vital for any business. Read about registering trade marks when you are a sole trader.
In short yes! You can register a trade mark as a sole trader. In Australia, to register a trade mark you can be an individual or a company. If you operate your business as a sole trader, you should apply for the trade mark in the business owner’s name.
Eligibility
To register a trade mark as a sole trader there are some basic requirements to meet. The owner of a trade mark can be an individual, company, incorporated association or a combination of those. For sole traders specifically:
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You need an address for service in Australia or New Zealand. Your place of business or mailing address is sufficient;
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The Applicant’s name can’t be the business name or trading name – it should be the individual business owner’s name.
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You must be using or plan to use the trade mark in the near future in relation to the goods or services included in your application.
Attempting to steal a trade mark
You should not register a trade mark that you know is owned by a third party overseas. This is to stop people profiting off the established goodwill and reputation someone else has worked hard to accumulate in their trade mark overseas. For further information on trade mark squatting, see our update.
How can I register a trade mark?
We have helped many sole traders protect their valuable trade marks.
Prior to lodging an application for registration, a comprehensive search should be conducted to ensure that there is not a prior application that will prevent you from registering your trade mark, or a similar trade mark being used in the marketplace that you might infringe when you use your trade mark.
We can assist with this process and our trade mark professionals can undertake a clearance search to ensure that you can file and use your trade mark and lodge and manage an application on your behalf.
Using the ™ and ® Symbol near your trade mark
When you file your trade mark application, or use your trade mark generally, you may use the ™ symbol to indicate the trade mark is unregistered but is being used as a trade mark. It can indicate that you are the first user and owner of the trade mark.
The registered symbol ® indicates that your trade mark is a registered trade mark. This means the owner has exclusive rights to its use. It is misleading and deceptive conduct to use the ® symbol for unregistered trade marks.