Trade Mark Registration

Trade Mark Registration in Australia

A registered trademark is an important business tool to protect your intellectual property and secure your brand identity.  Successfully registering a trade mark will provide exclusive rights for you to use, sell, licence the mark and take legal action to prevent others from using it. If you want to protect your position in the market, registering your unique features by trade marks of the business is crucial.

Trade marks are there so you can protect the identity of your business and products. Whilst it protects your business it also adds value to your business as key brand names all utilise IP protection such as trade marks.

To register a trademark with IP Australia, it can be an in-depth process involving a range of considerations and potential pitfalls which may lead to unsuccessful registrations. It is therefore beneficial to obtain the assistance of a trademark lawyer to assist you through this process.

Why Register 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.

How 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 as 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. Appearing on this database of failed or lapsed trade mark application can be a disadvantage in the context of future trade mark litigation.

The Trade Mark Registration Process?

There are many essential stages of the trade mark registration process. Most of the steps require careful consideration and time.

For clear concise advice on Intellectual Property

contact one of our Intellectual Property Lawyers Today on 1300 907 335 or complete an online enquiry form and we will get back to you shortly.

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