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Hi, I can sense your frustration with all of this!

I have just finally ahd the trademark fully registered for my business which I didn’t think I would get because of the words, but only had one hiccup with classes which ended up not being a problem. I did apply for a another different trademark around the same time and I thought that was a sure thing. It was rejected in the initial stages. If you are rejected IP Australia will phone you and discuss why and explain what they look for and answer all of your questions and make some helpful suggestions. They keep your application open for minor adjustments, but if they don’t work you have to start from sratch again. You make the payments in 3 parts as you progress through the process so you don’t lose the whole fee if you are rejected.

One thing you can do in the meantime if you don’t want to apply for a trademark straight away is to put the TM symbol next to your business name. You cannot use the R symbol until you have a registered trademark. Most people think the TM symbol means you have registered the trade mark. You will find info about this on the IP Australia website.

If you are using a unique word you have made up I think you will find this whole process will go quite smoothly for you. That is the best type of name/trademark to use. Part of having a business means you are out there in the public eye. Others might like what you are doing and copy you, its all part of it. I had my most of the content on my website copied and some of my photos. I had to give notice to remove all of my content etc from this persons website and provided evidence that it was my work and words they had copied. It was so time consuming to do this. I have also had my testimonials copied and placed on my oppositions websites…these are the type of things your opposition try if they like what you do. This is also why we need to register as much as we can when we start a business. The frustration you are going through at this stage is to protect your business as much as you can from others copying what you do and have which could cost you lost income if they succeed.

I hope it all goes smoothly for you when you decide which way you would like to go.