The Trade Mark Assist was developed in partnership with Trademark Vision to enhance the quality of an application by reducing the common errors that are made by applicants. It uses artificial intelligence to provide information and guidance concerning trademarks by embodying the concept of “Learn, Search, Apply.”
Aim of Trademark Assist
The virtual guide can be helpful while an applicant explores their proposed trademark to ascertain whether the proposed trademark could be difficult to register. It also provides assistance to identify the goods and services that the applicant wishes to protect. That too while simultaneously searching for existing registered trademarks that may be similar to the applicant’s mark.
Accessing Trade Mark Assist
The first message describes what and how it can help an applicant in the process of applying for a trademark. After that, it highlights the importance of why a trademark should be registered and what can be considered a trademark.
Step 1
The first step is to enter the mark, which can either be a word or a phrase. It also provides the option to upload and search a logo, symbol, graphic with text, or a stylized text. However, the applicant must keep in mind that the words being used should not be too generic or descriptive
Step 2
The second step is to ascertain which class of goods and services the applicant is aiming to register the trademark. The webpage answers various questions about what are goods and services, why does the applicant needs to specify the goods & services, etc. The applicant needs to identify at least one good or service that would be used in the course of trade. And also the trademark that would only be protected for those goods or services.
The applicant can also browse the pick-list terms to further simplify the search. Further, the goods and services are grouped based on their class, where the classes are color-coded and numbered. As the applicant chooses different classes, a black box on the top right corner of the page computes the estimated costs, which increase with the increase in the number of classes selected. The applicant can also click on the option of “See what others chose” to find out what other applicants chose along with the common field selected by the applicant.
Step 3
After that, the search option provides a link to all the marks that are similar to the mark applied for by the applicant, from the trademark register. The same can be viewed by clicking on the Australian Trade Mark link provided after clicking on the view result option. The applicant can further search individual terms or different combinations of the words to refine the search.
Step 4
This step is optional, where the applicants may provide their ownership details to be apprised of issues they might face while applying for IP protection.
Step 5
Particularly, in this step, it provides a summary of the search with the final estimated costs, what the trademark contains, the class with the mark pertains to, and the number of search results that are similar to the applicant’s proposed mark.
Step 6
After ‘Learn’ &’ Search,’ the last step is to ‘Apply.’ The applicant may proceed towards selecting the type of application that is either a Standard Application or the TM Headstart Application, where the applicant can assess the same by seeing which option is best suited. An indicative standard application timeline is also provided based on the traffic of trademark applications at the given time. To access the application, the applicant should register and create an eServices account. Thereafter, the application should be reviewed and submitted.
Trade Mark Assist is easily accessible and simplifies the entire procedure of search and application. However, the applicants must be aware that Trade Mark Assist is not a substitute for legal advice; it merely provides help in searching for marks that would be of interest to the applicant. If an applicant wants to register a mark, the same must be done online by submitting an application. This will then be examined, and if accepted, the mark would be registered after completion of the due process.
