Why Trademark?

A trademark is a way of identifying a unique product or service. It can protect a letter, number unique symbol, word(s), logo, sound, shape, image or scent.

A registered trademark provides you with exclusive rights to use, license and sell the mark. This means no one else in Australia can commercially use your trademark for the same goods and/or services you have it registered for.

The name of your company, business or your domain name are not types of intellectual property (IP). However, you can have exclusive rights to your business name by protecting it with a trademark.

Benefits of Trademark

1. Ownership – You can own a registered trademark. That is, you own the right to use the registered word, phrase or letters etc. in relation to the classes of goods and services in respect of which it is registered. Registration is proof of ownership. You cannot own an unregistered trademark.

2. National Protection – Any features that distinguish your products or services from your competitors can be registered as a trademark. With a registered trademark, these features will be protected throughout Australia. Having a registered trademark in Australia can also be beneficial for any future international applications. If you intend to expand your brand internationally, these applications will be simpler and less time-consuming.

3. Licensing – You can license the use of a trademark. Generally, it is harder to license an unregistered trademark.

4. Sale – Because a registered trademark is an asset, you can sell it. You cannot sell an unregistered trademark.

5. Prevent Competitor from Registering a Similar Trademark – The earlier you register your trademark, the better protected you will be. Under the Trade Marks Act 1995(Cth) , a competitor or any other business, cannot register any trademark that is identical or similar to a registered trademark. If you do not register, you will have little to no legal rights if another business infringes your intellectual property. Registering your trademark will also confirm that the same (or similar) trademark does not already exist.

If own a business and would like find out more trademarks or about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Alternatively, you can book an online consultation with us via this link: https://straits-lawyers.square.site/product/online-consultation-/11?cs=true

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.