LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Trademark Registration - Same Image, Different Positions?

Discussion in 'Intellectual Property Law Forum' started by PaulA_B, 22 July 2015.

  1. PaulA_B

    PaulA_B Member

    Joined:
    22 July 2015
    Messages:
    1
    Likes Received:
    0
    Hi all,
    I am in the process of preparing a registration for trademarking a new logo with IP Australia - which is an image and two words. We have two versions of the logo, one is vertical, the other horizontal. All details of the logo are exactly the same, the only difference is the position of the image and text. The 'vertical' logo has the text under the image, and the 'horizontal' logo has the text and image almost aligned.

    The trademark registration process only allows to enter one image. I had a look at the requirements for a logo series but it didn't seem to apply to this case. It seems to me that given that the image and text are exactly the same, only their positions change, I could use either version of the logo to cover both? What is the best way to deal with that under intellectual property law?
     
  2. DennisD

    DennisD Well-Known Member

    Joined:
    11 July 2014
    Messages:
    179
    Likes Received:
    57
    Hi there


    First, well done for doing some of the leg work yourself.


    Trademarks are a bundle of surprises. As the trademark application review process takes an extended period, it's worth investing a good amount of effort prior to lodging your application in order to get the details in order.


    In my experience IP Australia can be extremely helpful if you call them, wait patiently to speak, are polite despite the wait and have your questions about the application process ready to go. I suggest you get all of your questions together and give them a call (Contact us | IP Australia 1300 65 1010).


    Just as it may not be necessary to lodge two separate logos being horizontal and vertical (this is something to check with them), from memory (which is not to be relied upon!) if you upload your logo in grey this will cover all colours whereas if you lodge it in a particular colour the trademark will be for that colour only. This is another detail which may be relevant to your application and an added reason to give them a call.


    Let us know how it goes and we'll see what other contributors have to say.
     

Share This Page

Loading...