Jennifer Driver

A trade mark is a sign which distinguishes the goods or services of one trader from those of another.   It is property and something which the owner can license or sell.  As it communicates a business' reputation, it can be one of the most valuable assets of a business – it is worth protecting.

Your business may have more than one trade mark - in addition to your trading name, your company logo, domain name and product or service name can also function as trade marks.
 
The most effective way of protecting your trade mark is with trade mark registration.  Trade mark registration provides the following significant legal and commercial advantages for every business.

1. Registration provides your business with the exclusive right to use the mark throughout Australia, protecting the reputation developed in your brand;
2. Registration provides your business with clear statutory ownership rights to prevent other traders from using the mark in relation to your registered goods or services.  Whilst there is some protection against misrepresentation of a brand by unrelated traders under the trade practices or fair trading legislation as well as under common law, actions of these types can be time-consuming and expensive.
3. By being on the Trade Marks Register, IP Australia will raise an objection to the registration of any future trade mark applications made by your competitors or others for identical or similar marks in relation to similar goods or services.
4. Registration deters others from adopting your trade mark by being recorded on the public Trade Marks Register which therefore places other traders on notice of your trade mark rights.
5. Registration entitles you to use the ® symbol in close association with your trade mark, serving as a useful notice to other traders that your trade mark is your property.
6. A registered trade mark is property which can be assigned or licensed to others, for example, in return for payment.

As it is primarily your trade mark which differentiates your business from those of others, protecting this reputation and goodwill with trade mark registration is an important part of any business strategy.  Enforcing your rights to your brand via trade mark registration provides your business with a stronger position in the event of a trade mark dispute.

Our registered trade mark attorneys can advise in relation to the most appropriate protection strategy for your trade marks including advising whether your trade marks are in fact registrable and, if not, alternative ways of protecting your brands.

For further information contact us