A registered trademark is the best way to protect your branding including business name and logo. A registered Australian trademark provides you with Australia wide rights and allows relatively simple enforcement of your trademark rights. Many individuals and businesses either do not protect their trademark or incorrectly file their trademark which results in the trademark being unenforceable or possibly infringing the trademark rights of a third party.
What is a trademark?
A trademark is used to distinguish the goods and/or services of one trader from those of another. Trademarks may be words, logos, shapes, colours, scents or combinations of these.
A registered trademark provides you with a legally enforceable exclusive right to use the trademark for the goods and/or services for which the trademark is registered. A registered trademark may be licensed or sold and allows you to create a valuable business asset in your brand.
Only a registered trademark gives you the immediate Australia wide exclusive right to a company name, business name, logo or domain name.
Trademark rights can arise without registration and these rights are referred to as common law or unregistered trademark rights. Common law trademark rights typically arise from the reputation of the mark arising from extensive and prolonged use of the mark.
However, it is typically much simpler to enforce a registered trad mark as a registered trademark automatically provides a right which is Australia wide without needing to provide extensive evidence of use which is required to enforced a common law trademark.
Filing an application for trademark registration should form part of any new business venture. IP& are registered Australian Trademark Attorneys and can assist with expert, cost effective registration of your trademark. Please contact us for a free initial discussion to see how we can assist.
Trade Mark Quick Facts
- Branding – used to distinguish goods and services of one trader from another;
- Exclusive rights – provides exclusive right to the trade mark owner to use the trade mark Australia wide;
- Property Asset – may be licensed or sold, adding to business value; and
- Trademark Attorney – have your application expertly prepared and filed by IP&.