Perspective

We ♥ TM – Reasons to register

Good reasons to register a trade mark:

Brands are critical business assets and should be protected.

A registered trade mark provides an enforceable right to stop others from using the trade mark (or similar mark) in connection with the goods or services (or in certain circumstances related goods / services). Unlike a business name or company name, a registered trade mark provides legal protection for traders.

An Australian trade mark registration is a Federal right, providing protection in all Australian States and Territories.

A registration puts the public on notice of your rights in the mark and may assist in dissuading other traders from using or applying to register the same or similar mark.

In the event of unauthorised third party use, the owner of a registered trade mark may obtain legal relief to stop the infringement and to claim damages or an account of profits.

A registration is generally stronger and more cost effective than unregistered rights in challenging third party use / applications.

Many online platforms such as Google, Twitter, eBay and Facebook generally require a trade mark registration as a prerequisite to challenge third party names. Conversely, if you receive a complaint from a third party, having a registration should improve your prospects in defending your position.

Priority – The Trade Marks Office will raise a trade mark against a subsequently filed application to register a substantially identical or deceptively similar mark in relation to the same or similar / closely related goods / services.

A registration may provide you with a defence to a claim of trade mark infringement brought against you by a third party.

The registration is a proprietary right than can be assigned, licensed or otherwise commercialised.

Provided a trade mark is used correctly and the registration is maintained, a trade mark registration can last forever.