How to trademark a new sport I created?

Understanding the Basics of Trademarks

Have you ever heard of crazy sports like Underwater Hockey or Cheese Rolling? I know, it sounds insane, but guess what, those are established sports! And it got me thinking, why not create my own sport? A little context here, I once invented a sport in my backyard with a few mates, involving a beach ball, swimming noodles, and a laundry basket. We named it 'SharkNado', probably out of satisfaction after inventing a super sport while sipping too many cold ones. But then it sparked an idea of shaping SharkNado legally and protecting it, just in case it becomes the next 'Big Thing' after AFL. So here I am, sharing the knowledge on how to trademark a sport you have created.

Transforming Your Sport Into an Intellectual Property

For starters, 'trademarking a sport' might sound like a mountain-climbing task, and trust me, it somewhat is. But, don't worry, I'm here to navigate you through it! First, you need to understand that your sport can be classified as intellectual property (IP). IP refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images. It can be an invention, literary work, design, symbol, name, or image. Now, imagine SharkNado fitting into this category, makes one's chest puff out a little, doesn't it?

Framing the Constitution and Rules of Your Sport

Once you have established that your sport can indeed be classified as IP, it's time to do some groundwork. One cannot simply trademark a sport without stable and accepted rules. Hence, the first step is to establish a set of concrete rules and regulations, a constitution for your sport if you will. For SharkNado, this process involved severe brainstorming, a barrel of laughs, and an equal amount of arguments. But, in the end, we agreed on a significant set of rules, including penalties for deflating the beach ball (yes, we did include that).

Determining the Registrability & Uniqueness

Moving forward, a critical aspect you ought to deliberate on is the unique traits of your sport. Ask yourself, what sets your sport apart from others? In the case of SharkNado, it was the obscure combination of a beach ball, swimming noodles, and a laundry basket. It's crucial to establish distinctive attributes or elements of your sport as they would enforce its uniqueness in a court of law. This is where the whole uniqueness aspect comes into play, making it easier to protect the sport from foul play (pun intended).

Process of Registering the Trademark

Okay, so with a solid set of rules and distinctive elements in place, it's now time to embark on the journey to legally trademark it. The first practical step to take is to apply for a trademark with the Australian Trademarks Office. One must prepare a comprehensive trademark application, involving a detailed description of the sport and its indivisibility. This process requires precision and attention, it's not just as simple as throwing a rock, trust me! If you’ve crossed your t’s and dotted your i’s, your application would make it through the initial examination and progress to the public examination stage. You’d think this would be as breezy as a Gold Coast afternoon, right? Well, not quite. This is where third-party objections come into play. But if everything sails smoothly and your application isn’t opposed, congratulations! You’ve just trademarked your sport.

Managing & Protecting Your Trademark

Finally, the icing on the cake! Trademarking your sport isn't the final step, as tempting as that sounds. Maintaining the rights to your sport requires dedicated management and protection over time. Committing to contest unauthorized uses, renewing your trademark registration, and updating your sport's brand values is key. For us, the 'SharkNado' fun didn’t stop after obtaining the trademark. Keeping the sport interesting and invulnerable to copycats was the real task.

Creating a new sport and trademarking it could open doors to an exhilarating journey. Looking back on SharkNado, it was filled with fun, joy, and a little touch of legalities. While the process sounds daunting, it's a labor of love. Like careening down a sand dune on Stradbroke Island, it's a rush. And, boy oh boy, isn’t it worth it when you see folks accepting and loving your creation! So, in the spirit of Aussie grit and inventiveness, let’s get out there and create some sports! Who knows, you could craft the next globally recognized game, all in the golden sands of the Gold Coast? So, come on mates, invent and trademark!