What is a Trade Mark?

A trade mark protects brand names and logos. A trade mark can be names, letters, numbers, colours, shapes, sounds and smells. A trade mark must be capable of distinguishing the goods or services of one trader from those of other traders.

Registering a business name, company name or domain name does not mean that your trade mark is registered. Registering a business name, company name or domain name does not stop someone who has registered the name as a trade mark from using it.

So, it is vital that you register your brand name and logo as trade marks.

 

Why Register a Trade Mark?

A trade mark is a valuable asset. Registering a trade mark gives you exclusive rights to your brand name and logo in Australia.

Following registration, a trade mark gives you the sole right to use, license or sell it to others.

 

How is a Trade Mark Registered?

In Australia, a trade mark is registered by filing an application for registration with the national trade mark office and paying the required fees.

 

What Exclusive Legal Rights are Provided by Trade Mark Registration?

If you register a trade mark, you obtain exclusive rights to use that trade mark in relation to the goods and/or services you provide. A registered trade mark owner has the exclusive right to prevent other traders using a confusingly similar mark.

The only way to obtain these exclusive legal rights is through registration. By registering your trade mark, you are protecting your business if your competitors want to copy your brand name or logo.

Registration therefore provides legal certainty and reinforces your position as the exclusive rights holder in case of litigation.

 

How Long does Trade Mark Registration Last?

Trade mark registration lasts ten years. It can be renewed every ten years.

 

Key Takeaway
A registered trade mark is a strong form of brand protection which distinguishes between your products or services and those of your competitors. It provides exclusive legal rights which safeguard your business.

To speak to a lawyer about registering your trade mark, call Vault Legal today on 1300 002 212 or email us at info@vaultlegal.com.au.

Key words: trade mark, brand protection, business name and logo.