Learning Center
Plans & pricing Sign in
Sign Out

Brand Protection- Protect Your Name and Brand Through Trademark Registration


									A trade mark is a sign which distinguishes the goods or services of one trader from
those of another. It is property and something which the owner can license or sell. As
it communicates a business' reputation, it can be one of the most valuable assets of a
business - it is worth protecting. Your business may have more than one trade mark -
in addition to your trading name, your company logo, domain name and product or
service name can also function as trade marks.
  The most effective effective brand protection is trade mark registration.
  Trade mark registration provides the following significant legal and commercial
advantages for every business.
  * Registration provides your business with the exclusive right to use the mark
throughout Australia, protecting the reputation developed in your brand; *
Registration provides your business with clear statutory ownership rights to prevent
other traders from using the mark in relation to your registered goods or services.
Whilst there is some protection against misrepresentation of a brand by unrelated
traders under the trade practices or fair trading legislation as well as under common
law, actions of these types can be time-consuming and expensive. * By being on the
Trade Marks Register, IP Australia will raise an objection to the registration of any
future trade mark applications made by your competitors or others for identical or
similar marks in relation to similar goods or services. * Registration deters others
from adopting your trade mark by being recorded on the public Trade Marks Register
which therefore places other traders on notice of your trade mark rights. *
Registration entitles you to use the ? symbol in close association with your trade mark,
serving as a useful notice to other traders that your trade mark is your property. * A
registered trade mark is property which can be assigned or licensed to others, for
example, in return for payment.
  As it is primarily your trade mark which differentiates your business from those of
others, protecting this reputation and goodwill with trade mark registration is an
important part of any business strategy. Enforcing your rights to your brand via trade
mark registration provides your business with a stronger position in the event of a
trade mark dispute.
  Our registered trade mark attorneys can advise in relation to the most appropriate
protection strategy for your trade marks including advising whether your trade marks
are in fact registrable and, if not, alternative ways of protecting your brands.

To top