Are you considering whether to apply to register your trade mark? Perhaps you need to familiarise yourself with the process and have been putting it off. Or, you may wonder whether applying for trade mark registration is worth it. Obtaining trade mark registration is valuable and essential for several reasons. This article will explain why you should register your unregistered trade mark.
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A Valuable Intellectual Property (IP) Asset
A registered trade mark is an essential and valuable IP and brand asset. Suppose you intend on raising capital and bringing on investors either now or in the future. In that case, one of the key assets investors look for is whether the brand they are investing in has been registered as a trade mark.
Similarly, if you are selling your business or have intentions to sell a part of your business (like a product or software you have developed), purchasers who are looking to purchase will want to know that they will have the benefits of trade mark registration too.
Registered Trade Mark Rights
If your trade mark is registered, you are granted certain legal rights concerning your trade mark. In particular, you gain the exclusive right to use your trade mark and also the legal right to take action to stop someone from using your trade mark.
Exclusivity
When you obtain trade mark registration, you gain the exclusive right to license, sell or authorise the use of your trade mark however you please. You are the only business that can do so in Australia for the goods and services that you have listed in your trade mark application.
Taking Action Against Copy-Cats
A trade mark registration gives you the legal right to take action against anyone who uses your trade mark without your authorisation based on infringement. Without trade mark registration, it is challenging to take action against competitors stepping on your toes and copying your brand.
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A registered trade mark also gives you the peace of mind that you are not stepping on anyone else’s toes. That is because IP Australia will examine your application. Indeed, they will not accept trade marks that are substantially identical or confusingly similar to another trade mark registered for the same or similar goods and services.
It is also important to note the longer you wait to protect your trade marks through registration, the greater the risk that another trader might copy your branding and register a trade mark that is similar or identical to yours. With trade mark registration, it will be easier to stop other traders from using your trade mark and copying your brand. Especially if you are starting out, without trade mark registration, you have limited legal rights to stop another trader from copying your memorable trade marks, which could confuse consumers and take business away from you.
Things to Keep in Mind About Trade Mark Registration
Trade marks operate on a country-by-country basis. If you obtain trade mark registration in Australia, you are only protected and have legal rights in Australia.
If you are selling your products or services internationally, consider trade mark registration in the countries where you are selling to. Suppose you would like to seek protection for your trade mark overseas. In that case, we recommend engaging a trade mark lawyer to assist and advise you on the best way to apply internationally.
We understand there are some situations where a trade mark registration might only sometimes be the best option for you. However, we recommend engaging an experienced trade mark lawyer who will be able to advise you on this.
Key Takeaways
Trade mark registration is a valuable IP and brand asset for any business. If your trade mark is registered, you are afforded legal rights to protect your trade mark and to decide who can use your trade mark. You can also enforce your trade mark rights by taking action against another trader that might be copying your brand. Without trade mark registration, this is not easy to do.
If you need help with trade mark registration, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Obtaining trade mark registration is essential for several reasons. Namely, a registered trade mark will protect your important brand elements and give you the exclusive rights to use, license and sell your trade mark. In addition, a registered trade mark is also a valuable marketing tool.
You must lodge an application with IP Australia to apply for a trade mark. IP Australia will examine your trade mark application and either accept or reject it. If accepted, you will receive a certificate of registration and your trade mark will be registered for ten years.
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