Different Types of Trade Marks in Australia

A trade mark is a sign used to distinguish the goods or services of one business from another. It can take various forms, including words, shapes, images, sounds, colours, moving images, packaging elements, or combinations of these elements. The type of trade mark determines how it is protected and applied for.

Word or Phrase Trade Marks

Word trade marks protect letters, numbers, words, or phrases, whether in plain or stylized fonts. Most word trade marks are registered in a plain font to ensure broad protection, though some businesses choose stylized fonts if they are a key aspect of the brand identity.

Example: “Ford” (protected as a word mark in plain text)

Logo Trade Marks

A logo trade mark protects a visual symbol or a combination of an image and words. To maximize protection, businesses often register the words and logo separately, ensuring brand protection even if the logo design changes.

Example: Nike “Swoosh” logo

Non-English Trade Marks

Non-English trade marks cover words written in non-Roman characters or foreign words in Roman characters. When applying, the applicant must provide a translation and transliteration of the trade mark. The application process is similar to that of standard word trade marks.

Examples:”Volkswagen” (German word for “people’s car”)

Series Trade Marks

A series trade mark allows businesses to protect multiple variations of a trade mark within the same application. To qualify, the variations must have the same core identity but differ only in specific aspects, such as:

• Goods/services descriptions (e.g., “TELSTRA TV” and “TELSTRA TELEVISION”)
• Numbers (e.g., “TELSTRA 2” and “TELSTRA 3”)
• Price (e.g., “TELSTRA $2.00” and “TELSTRA $5.00”)
• Quality descriptors (e.g., “TELSTRA STANDARD” and “TELSTRA DELUXE”)
• Geographical names (e.g., “TELSTRA SYDNEY” and “TELSTRA MELBOURNE”)
• Colour variations (e.g., the same logo in different colours)

Series trade mark applications cost more than standard trade mark applications and must include all variations in the same submission. If the differences between marks exceed the allowable scope, the series trade mark may be invalidated.

Colour Trade Marks

A colour trade mark protects a specific colour or combination of colours used in branding. Since many businesses use colours in their branding, single colours and simple combinations can be difficult to register unless they have acquired distinctiveness through use.

Example: Cadbury’s purple shade background

Shape Trade Marks

A shape trade mark protects three-dimensional shapes that distinguish a product. However, shapes that are functional or commonly used may face difficulty in registration.

Example: Toblerone’s triangular chocolate bar shape

Sound Trade Marks

A sound trade mark protects distinctive audio elements associated with a brand, such as jingles, spoken words, or mechanical sounds. Applicants must submit an audio file, a written description, and a graphical representation (e.g., musical notation).

Examples: Boost Juice’s elongated “Boost” sound

Scent Trade Marks

A scent trade mark protects a unique fragrance associated with a product or service. However, scents that are commonly linked to certain goods (e.g., lemon scent for cleaning products) may not qualify for registration. Applicants must provide a concise scent description.

Example: Eucalyptus Radiata scent applied to golf tees

Movement Trade Marks

A movement trade mark protects animated or dynamic visual elements associated with a brand. Applicants must provide a video file or animation as part of their application.

Examples: Toyota’s “jump” movement in advertisements

Trade marks come in various forms, each with distinct legal protections and registration requirements. While some, like word and logo trade marks, are widely recognized and easier to register, others, such as colour, shape, scent, and movement trade marks, require proof of distinctiveness. Proper selection and registration of the right type of trade mark can strengthen a business’s brand identity and market protection.