VIC Registering a Trademark in Multiple Fonts and Styles?

Discussion in 'Intellectual Property Law Forum' started by tbham, 30 January 2018.

  1. tbham

    tbham Member

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    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
     
  2. Leonard Mancini

    LawTap Verified

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    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.
     
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  3. tbham

    tbham Member

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    That’s great, thank you for the response.
     
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