VIC Registering a Trademark in Multiple Fonts and Styles?

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

tbham

Member
25 January 2018
2
0
1
Hi there,

I run a very small business as a sole trader, registered under my own name, and I'm looking into trademark registration for use as a business name / brand.

My question is regarding the fonts and styling protected under a single trademark registration, i.e. can a single trademark registration cover a range of fonts / styles, or must each desired font / style be listed under a separate trademark registration?

IP Australia provides the following information, however the definitions of "very unusual" and "fanciful" are not entirely clear.

"If your registration is for a word in plain typescript and you use your trade mark in a very unusual or fanciful font you may not be covered by your registration. Similarly, if your registration is for a word in a fanciful or particular unusual font and you may use your trade mark in a different fanciful or unusual font this may not be covered by your registration."
I have also read the following online (an Australian web source I have since forgotten), but have not been able to find it repeated or confirmed through any additional source.

"Register the word/s of your trade mark in block capitals. This way you can change the font, without having to re-register the trade mark."

If anyone is able to provide any insight into my query it is much appreciated.

Thanks
 

Leonard Mancini

Lawyer
LawConnect (LawTap) Verified
4 August 2016
47
18
189
Gold Coast
lawtap.com
Yes block capitals will cover your tm in basically any font.

If you can basically read it as a word the it should be covered.

It would almost have to be unrecognisable as a word to not be covered.