What are Movement Trademarks?

While traditional trademarks include words or images, movement trademarks are a non-conventional trademark that provides a business protection for a moving logo. Movement trademarks are often for animations or short videos that identify the business.

It is important for businesses to adapt to a technological age in order to better engage with their market. Especially after the COVID-19 pandemic lockdowns, more than 64% of Australians are on social media which presents an opportunity for businesses to focus on registering their movement trademarks. It is so competitors do not use the same animations to draw potential consumers to themselves, away from your business.

Applying for a Movement Trademark

The steps involved in registering a movement trademark in Australia are:

1. Check the Australia IP Register to confirm that your trademark is unique and available. 
2. File an online application here. Provide IP Australia a video of your movement with a written description of what it features. You will be charged a fee for applying. 
3. IP Australia will review and examine your application to check that it meets all the requirements for registration. You will likely hear of the outcome within a few months. If you use the TM Headstart service, you will receive an assessment results report within 5 working days. However, the service comes with additional costs. 

Your trademark will be protected for a period of 10 years, after which you will have to renew your application. 

Examples of Movement Trademarks

• A very well known movement trademark is the Toyota jump trademark (Number 1500012). It shows a man leaping into the air with his arms outstretched and legs pulled up underneath. His feet touch together.
• Another example is Google’s animation (Number 1792596). It is a motion mark in colour with the word ‘Google’ appearing from left to right, by letter, in blue, red, yellow, blue, green, and red. The letters transform into coloured circles which undulate before forming the image of an equaliser. Then, the vertical lines dissolve back into coloured circles which bounce before the animation ends. 

Conclusion

Having a moving or animating element can can be an interesting and modern way to develop your distinct brand image in the market. We would encourage you to register it as a trademark for maximum protection.

If you need any assistance registering a trademark (moving or not), or have questions on any IP related issue, then reach out to our friendly team.