Why seek trade mark protection?
While unregistered trade marks may be protected under the
common law, fair-trading legislation or copyright law, protecting
your trade mark without registration can be difficult and expensive.
There are a number of distinct advantages in registering
your trade mark, rather than relying on common law rights.
As the owner of a registered trade mark, you:
*Have exclusive rights to use, authorise other people to
use, and sell your registered trade mark within the class of
goods or services specified in your application.
*Have a registered trade mark that covers the whole of
Australia, rather than just the specific region or state in
which you trade. If you wish to expand overseas, a registered
Australian trade mark also provides a solid basis for
trade marking rights in other countries, even before you
commence trading overseas.
*Can be in a stronger position to stop other people using
your trade mark in relation to similar goods or services as
those specified in your application. If you have a registered
trade mark, you do not have to prove the existence of a
reputation in the registered trade mark in order to stop
others using it.
*Can determine whether your proposed trade mark is
likely to infringe a trade mark that has already been registered.
The registration process can prevent legal action
being taken against you.
*File a notice with the Australian Customs Service, objecting
to the importation of goods that infringe your registered
trade mark. In doing so, you can prevent international
competitors from encroaching on your market share and
local competitors from importing counterfeit goods.
*Can prevent the rise of competitors within your defined
class of goods and services.
*Other people, traders and consumers can quickly and
easily determine whether you have a monopoly over the
use of your mark for particular goods or services.