Anonymous
Anonymous

How do you trademark the way a service is provided?

My daughter has a business concept whilst the concept is not new in Australia the way it is offered is.

We've done diligent research and there's nothing being offered in this way in Australia so how do you trademark that?

Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

Hi Anonymous,

A trade mark, by its mere definition, is a 'sign' you use or intend to use in relation to a product or service - most often the brand name or a logo that you might use to identify your product and distinguish it from similar goods or services of other businesses.

So, a concept or service itself is not something you register as a trade mark. Rather, if your daughter has coined a catchy name for the concept then that name might be registrable as a trade mark. Concepts/ideas themselves are tricky to protect. She might consider exploring patents further, however, a concept might not qualify. Patents are rights granted to devices, methods, substances and processes that are new, inventive and useful. 'New' often means it cannot be disclosed/published ANYWHERE before seeking the patent protection (unless a grace period applies).

For context, I am a registered trade marks attorney so can certainly help/share the ins and outs for trade marks, the above is provided as information only and is not advice. If the 'way' the concept will be provided/delivered is new and inventive, then I suggest it would be worth a consult with a patent attorney who can better advise whether the method of delivery is perhaps patentable.

Hope this helps :)

User
User

Intellectual Property

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