Trademark Lawyer

Why is trademark registration important?

Many businesses don’t realise that your registered business name provides you with minimal protection, however, trademark registration permits you to take legal action against infringers or imitators attempting to profit from your company’s goodwill. To be certain, registering both your business name and your business mark ensures that the time and money you spent designing your intellectual property is not wasted.

The advent of internet and social media has made infringement online commonplace. It may be that competitors try to use your mark to sell their own products and services or everyday consumers may confuse someone else’s (lower quality) products with your own, possibly damaging your goodwill and, ultimately, your income.

If you have worked hard to develop a sound reputation for service and quality product – and this has created a loyal customer base, then protecting your trademark is essential to increase your goodwill and your reputation.

How do I register my trademark?

Before you even consider filing a trademark application, it is essential you conduct a comprehensive search of all of the relevant Australian trademark databases.

This search will reveal (first and foremost) whether your mark is available for registration by highlighting marks that are either identical or may be confused with your mark. If you discover another company does hold ownership of a similar mark, it may be difficult to register your own. You also need to be aware that while you are conducting this search, the registered owner of the similar mark has the option to take legal action against you for infringing upon their rights.

If you do move ahead and have submitted application with IP Australia, it will be examined for eligibility for registration. To move to the next stage, your application will need to include an accurate description of goods or services; have nominated the appropriate ‘classes of goods or services’ and outlined the intended use for the mark.

If your application is accepted, it will undergo a period of opposition, during which any other party can oppose your eligibility for registration. If your mark passes this period unopposed you will proceed to registration and be granted rights as a trademark holder.