Guide For Australian Trademark Protection

1. Guide For Australian Trademark Protection

2. Introduction A lot goes into keeping a firm functioning. Along with the everyday management of your affairs, it frequently involves hard days and nights, the strain of managing duties, and risk avoidance. Given this, registering a trademark to protect your intellectual property might not be high on your list of urgent needs, especially if your company is just getting off the ground. However, the procedure itself has the potential to provide you nationwide protection, reduce your danger of having to start over with your preferred brand, and save you a significant sum of money on legal fees.

3. Your brand is what makes you recognisable in the marketplace and includes your logo, business name, brand names, words and even shapes, colours and smells. In a nutshell it can be your most valuable asset and should be protected accordingly. Doing so, will safeguard against people who wish to either capitalise on your hard work, or for anyone who may be creating confusion in the market by inadvertently using names, brands and logos the same or similar to yours.

4. The generalities of the registration process can seem simple enough however, seeking the aid of a trademark attorney can help reduce any delays in being granted a successful trademark, as well as help ensure you for the correct things when youapply for a trademark. On being granted a trademark, the trademark owner has the right to use it for the claimed goods or services covered, for the initial period of ten years and can be renewed every ten years thereafter.

5. Ideally, you want something that separates you from the rest of the marketplace and allows your business and its goods/services to stand out from the others. By doing this you are more likely to be accepted for trademark registration by IP Australia – the body who governs trademarks. If your application is rejected or queried it can result in months of planning and effort down the drain, so a well-thought out plan in the beginning phases can avoid unnecessary delays and problems in the future.

6. How Does a Registered Trademark Protect Me?

7. The protection afforded to you by registering your trademark includes various things; rights that you may not have otherwise: • The protection against other people having trademark infringement claims. You do not infringe another trademark through using a fully registered trademark. It is the best available protection for your business name, logo or other item to give you the safety for conducting business the public domain. • Some protection against other parties obtaining the rights to use similar names and logos. By having a registered trademark, it becomes more difficult (quite often impossible) for other parties to register the same or similar name/s after you. • The right to take action when it is determined another person is infringing your registered trademark by the act of using similar names, logos or other signs that may cause confusion in the marketplace.

8. You will not receive any of this protection merely by registering your business name, company or domain name. The above is associated with trademark registration via IP Australia. If you’re in doubt regarding what you should be registering, or have any questions about the trademark registration process, it’s best to enlist the help of a trademarking lawyers before lodging your application.

9. Does a Registered Trademark Benefit my Business?

10. The impression left on consumers, associates and others of a registered trademark can be that of professionalism and reliability. Having the ® symbol against your name/logo can demonstrate that you have given some serious thought to your brand in the marketplace and have set your business up professionally from the initial stages. • It can also be a great way to promote new business by giving potential customers or clients a sense of trust and credibility. It illustrates that you’re in the marketplace for the long-term and won’t merely disappear overnight. It is a way of telling customers and clients you’re serious about your brand and you’ve invested in your business and its protection.

11. Being a registered trademark owner also comes with another benefit: the right to authorise another party to use that registered trademark in relation to the claimed goods or services. Being able to promote a registered trademark is also a good deterrent against people copying aspects of your business or brand. • Lastly, there is a very good chance that by owning a registered trademark, you stand to improve your relationships for importer/exporter companies. It is not unusual for a local distributor or agent to request proof of registration in order to enter a business dealing in many countries.

12. A registered trademark gives you the much-needed protection in the event that someone uses your intellectual property without your permission, which will enhance your commercial prospects and foster a sense of trustworthiness and confidence in the market. Before taking any action related to your company and trademarks, it makes commercial sense to get competent guidance. Doing so can help you avoid any unnecessary delays in getting a successful trademark, as well as avoid any expensive and lengthy disputes in the future.