Can I trade mark a movement?

If you’ve created something new and unique that moves, which you’re using as a “badge of origin” for your business, then it might be capable of being registered as a trade mark.

Once it’s registered as a trade mark, then you can stop others from copying it by relying on the Trade Marks Act. You still have inherent copyright in your work, but having a registered trade mark will provide it with extra protection.

Why register a movement trade mark?

Just like any other trade mark, it is a powerful piece of intellectual property.

According to IP Australia, “a movement trade mark gives you protection for a movement in relation to a good or service.” 

A registered trade mark offers you protection indefinitely (subject to renewal every 10 years) to differentiate your branding from competitors.  

Examples of movement trade marks

As at 28 April 2021, there are 84 registered movement trade marks on IP Australia’s register.  

See the example links below: 

• Toyota Jump – moving image of man, silhouette jumping with arms outstretched (Number 1500012)
• Google’s – moving image of word Google (Number 1792596)
• Snooze Snooze.com.au – moving image of letters OO blinking (Number 1690879)
• Salt Bae (Nuscret Gökçe) – moving image of man who throws salt onto meat (Number 1840549) 

How to register a movement trade mark

If you or your business want to harness the power of a movement trade mark, we can register it for you!   

Steps we’ll take: 

1. We’ll check the online Australia IP Register to make sure your trade mark is available;
2. We’ll consider whether your movement trade mark is distinctive enough to differentiate it from other trade marks;
3. We’ll file a trade mark application which includes a video file and written description of the movement, see IP Australia’s filing fees here;
4. Your movement trade mark will be reviewed and examined by IP Australia to check if it’s eligible and meets all necessary criteria. This will take less than 5 business days with a headstart application.  

These initial searches are vital to ensure your mark will not conflict with a mark previously registered by other businesses or individuals. We conduct these searches every day. 

Progressive Legal can help make the application process as smooth as possible for you with our cost-effective solutions and experienced team to support you along the way.   

Find out more by contact our team of trade mark attorneys and trade mark lawyers today.

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