Protect your brand by registering a trade mark

A trade mark is a right granted for a word or phrase that distinguishes the goods and services of one trader from another.  This could be a word, slogan, picture, shape, colour, sound, scent or aspect of packaging.  It could also be any combination of these.

If you use a trade mark that is not registered, it is hard to stop other people using it.  If someone else does use it, you need to bring legal proceedings against them, which seek to enforce common law rights against the infringer.  These kinds of proceedings can be complex and time consuming.  There is no guarantee that you will win.

Registering your trade mark with IP Australia gives you clear statutory ownership rights, including the automatic right to stop anyone in Australia from using your trade mark. You may still need to enforce your rights by issuing legal proceedings, however the level of the protection of your trade mark is more extensive.  By registering your trade mark, you will also be notified when any applications are made to register identical or similar marks. You can use the symbol ® next to the trade mark to tell other people that it is registered.  Registration in Australia also enables you to apply to register your trade mark through the international trade marks system – the Madrid Protocol.

To register a trade mark, use the IP Australia website, or engage a lawyer or IP professional.  In order to register your trade mark you will need to check whether someone has already registered the same or a similar trade mark.  You will also need to decide in what classes of goods and services you wish to register your trade mark.

For help, call David Court or Naomi Fink on 03 9670 8200.

Protect your brand by registering a trade mark by Holley Nethercote Commercial Lawyers is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Australia Licence.

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