Why register a trade mark?

A trade mark or brand is a very valuable business asset as it allows the public to recognise your goods or services as being of a particular brand and quality. Taking the next step and registering your trade mark provides you with many benefits, including the following:

  • Exclusive rights to use, and authorise other people to use, the trade mark as a brand name for goods or services;
  • Allows you to more easily object to other people using your trade mark on the same or similar goods or services;
  • Provides you with a right to sue if someone infringes your trade mark rights;
  • Allows you to give notice to the Australian Customs Service to prevent the importation of certain goods which infringe your trade mark rights;
  • Trade marks are personal property which have value and can be sold;
  • Provided that a trade mark is in continuous use and renewed periodically, trade mark registration can last indefinitely.

If you have a registered trade mark, you should add the ® symbol to notify others of your trade mark. It can be an offence to use the ® symbol if your trade mark is not registered.

Whilst registering a trade mark is recommended to secure your rights, unregistered trade marks may be offered some protection under the common law. For unregistered trade marks, the TM symbol can be used to aid in protecting your intellectual property.

For more information regarding registration and the benefits of trade marks for your business, contact Certus Legal Group.