Can I Trademark A Movement?
Find out if you can protect a movement connected with your business brand.
You are a business owner who has finalised a TV advertisement. Aside from your signature logo, slogan, and perhaps a catchy jingle, you also have a movement associated with your brand.
Protect your unique brand movement with a trademark!
Some examples of well known trademarked movements include the Toyota jump and Microsoft’s animated sequence of four coloured dots swirling to form the logo.
The Importance of Trademarks
A trademark grants the owner(s) statutory protection over their brand. This protection allows you to distinguish your goods or services from competitors for a period of 10 years.
Through LawPath, you can apply online to register your trademark, and have this application reviewed by a trademark attorney.
Can I Trademark a Movement?
1. Do you have a unique movement?
Firstly, you will have to determine whether your movement is sufficient to warrant protection under a trademark. It will be useful to conduct a search on IP Australia’s database to confirm that your movement is unique.
2. Online application
Next, you will undergo an online application process, which will include paying a filing application fee. Along with providing a video of your movement, you will need to include a written description of what is featured within the movement.
3. Review and Examination
Upon application, your movement will then enter into the review and examination stage by IP Australia, to ensure that your trademark meets all the requirements. This may take around 3-4 months for before an outcome is determined.
Star Jump Controversy?
Tensions surrounding trademark of movements peaked in 2013 between Jetstar and Toyota.
Toyota attempted to trademark their star jump which features bent knees, a movement used by the company for over 30 years. This action was met with opposition from Jetstar for applications that contained a star jump with straight legs only.
In terms of branding and advertising, it is clear that even slight differences in movements such as star jumps are an important matter for these major companies.
Since then, Toyota has successfully trademarked a series of star jumps with knees bent.
Creating a movement for your brand can act as a visual stimulus to consumers and make your business more distinct and memorable.
If you wish to trademark your movement or any other aspects of your business, for example a sound, logo or slogan, LawPath recommends you contact an experienced intellectual property attorney to discuss arrangements further.
Want to trademark a movement? Contact a LawPath consultant on 1800 LAW PATH to learn more about how to best prepare an application and obtain a fixed-fee quote from our network of 600+ expert lawyers for answers to your legal questions.
Carmen is a Paralegal working in our content team which aims to provide free legal guides to facilitate public access to legal resources. With an interest in consumer and professional negligence law, her primary focus is on the importance of expanding legal awareness to business longevity.