Trade Mark Registration in Australia

Do you own a business with a unique characteristic that has come to be its defining feature? Perhaps it’s a distinctive logo, a catchy slogan, or a fleet of cars painted in a particular colour. What if that feature was instrumental to the successful growth of your business and then a competitor decided to capitalise on it by using it themselves? If you want to protect your position in the market, registering that feature as a trade mark of the business is crucial. PCL Lawyers are experts in trade mark registration in Australia, we are able to help you potentially secure ownership of your branding.

Benefits of registering a trade mark

Provided your business marketing material stands out, then there is a good chance you will have trade marks that could be registered. As the owner of a registered trade mark, you are afforded enforceable intellectual property rights. These legal rights provide for exclusivity of use and to block other businesses in your class from using or profiting from the good will associated with your registered mark. When someone does, this is considered trade mark infringement and you could legally seek compensation as the wronged party. Enforcing those legal rights is usually quick and affordable.

Another benefit is that a business with registered trade marks will generally attract a higher sale price or listing price in a public float. The University of Oxford has produced research indicating that businesses with registered trade marks are more profitable than those without. In 2013, the World Intellectual Property Organisation records show about 7,000,000 trade mark applications filed worldwide, with China leading the USA by four times as many trade mark applications. Therefore, registered trade marks are very popular across the world and the need for your brand to stand out and have it protected is equally vital.

Why we can help with the registration process

Appointing an expert trade marks lawyer to guide you through the process of trademark registration in Australia can save your money and time. They can advise you on matters of eligibility, availability and prospects of a successful application. The actual process is relatively simple, and generally takes some months from application until registration, but it is important to get it right from the start. Getting the right advice from the beginning will assist you in later enforcing your trade mark, should that become necessary.

Applicants can however encounter difficulties with trade mark registration in Australia. They might be rejected for such reasons as:

  • if the mark is not distinctive
  • if it is descriptive
  • if the mark is in conflict with existing similar marks
  • if the mark is opposed by another trade mark owner

Therefore the way the Application is drafted needs to be considered very carefully. An experienced trade mark lawyer can guide you through this part of the process from beginning to end.

There can also be other problems because sometimes the wrong trade mark was applied for and therefore the intended level of protection is much lower and limited, or even irrelevant. Furthermore, the trade marks database records all applied for and failed trade mark applications. This database of failed or lapsed trade mark application can be a disadvantage in the context of future trade mark litigation.

For all matters concerning trade mark registration in Australia, get in touch with PCL Lawyers today. Give us a call on 1300 907 335 or contact us via the enquiry form on this page and we will be back to you promptly.

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