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FAQs at Tm.com.au

Why seek trade mark protection?

The process of applying for registration of your trade mark and obtaining registration of your trade mark has many particular advantages over non-registered marks, including:

● First, registration of your trade mark can be obtained by you notwithstanding that you have not used the mark - an intention to use is enough to obtain registration.

● Secondly, it is not necessary to prove the existence of a reputation in the registered trade mark in order to stop others from using it.

● Thirdly, the Register provides a simple mechanism by which other traders (or consumers) can see whether a monopoly is claimed by you over the use of your mark for particular goods or services.

● Fourthly, the application process provides a simple mechanism by which you can determine whether your proposed use of your mark will likely infringe another's registered trade mark.

● You can give a notice to the Australian Customs Service, objecting to the importation of goods which infringe your registered trade mark. If you wish to use this process after registration, please let us know and we will make the necessary arrangements and advise you as to the costs, rights and obligations involved.


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