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What is the Smart Trade Mark System?

Online businesses are battling the rise of fake goods and services. As a business owner, you will want to prove the legitimacy of your brand to your customers. IP Australia is trialling a new tool for e-commerce and online businesses with registered trade marks. It aims to make it easier for consumers to recognise authentic brands and purchase confidently. This article will explain the Smart Trade Mark system and how it will be helpful for you.

How Does It Work?

The Smart Trade Mark system is an online tool to help authenticate brands online. Trade mark owners can digitally connect from their website to the trade mark register through a ‘Trust Badge’ to prove their brand ownership. It uses blockchain technology and APIs (Application Programming Interfaces) to connect your trade mark. This tool can display a ‘Trust Badge’ on your website. 

The Smart Trade Mark ‘Trust Badge’/

Consumers can click on this badge to access live registration information directly from the register. This might include the trade mark status and owner.

Consumers may also access a link that leads straight to the trade mark on the register. This makes it easy for consumers to confirm the brand’s legitimacy.

For example, the NRL (National Rugby League) shop is trialling the Smart Trade Mark badge as part of the pilot program. The website shows the badge at the bottom of the page. You can click on it and verify the trade mark registration details. Given the popularity of the NRL in Australia, fake NRL products are often in the marketplace.

Why Do We Need It?

The sale of counterfeit goods is on the rise, with fake goods accounting for an estimated 3.3% of world trade. If you are a registered trade mark owner, you can expect to pay hundreds of thousands to take those infringers to court!

Essentially, you should use IP Australia’s tool as a preventative measure. Ultimately, cloning goods and services is becoming more sophisticated. Therefore, it is harder for our customers to spot genuine brands in the growing web of counterfeit products.

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Who Can Use It?

Online businesses and retailers can use the Smart Trade Mark system to prove their brand’s authenticity and protect it from misuse. Consumers must have confidence in your brand when counterfeit products are popping up regularly.

What Are The Benefits?

E-commerce is the fastest-growing sector, and brands must protect their products and give consumers confidence that they are buying the real deal. The Smart Trade Mark badge allows consumers to verify brand ownership at the click of a button. Over time, the Smart Trade Mark badge will become synonymous with authenticity, and consumers will know they can trust the badge and its websites.

How Can I Create a Smart Trade Mark? 

If you have a registered trade mark and are interested in being part of the test pilot, you can contact IP Australia to join. Alternatively, you can subscribe to the Smart Trade Mark mailing list and receive updates on developments and launch information as it goes live.

If you are interested in the Smart Trade Mark system but have not registered your brand, a trade mark specialist can help with the application process. Once your trade mark is registered, you can use the Smart Trade Mark tool when it is available to the public.

Are There Additional Tools in Development?

This is IP Australia’s first step in implementing blockchain technology. We can expect to see technology such as QR codes that link to the IP register in future. With this technology, anyone along the supply chain with a device could utilise this feature to confirm the legitimacy of a product or service.

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Trade Mark Essentials

This guide explains the essentials of trade marks and the steps required to register a trade mark.

Download Now

Key Takeaways

The Smart Trade Mark system will soon be available. Trade mark owners can use the toll on their websites to prove the authenticity of their products. The tool will allow them to provide live information from the Australian trade mark register. IP Australia is continuously looking at ways it can leverage technology to aid in the fight against fake goods and services. Therefore, you should ensure you protect your brand through trade mark registrations and keep an eye on developments to help combat counterfeit trade.

If you need assistance registering or protecting your trade mark, 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

A large global online retailer is selling counterfeit versions of my goods. What can I do?

Most large online retailers have policies about intellectual property infringement. For example, Aliexpress and Shopify have a step-by-step process for submitting alleged infringement claims. Firstly, you can submit a complaint directly to the platform. Be sure to include evidence to support your claim. If this does not work, or you need clarification on this type of process, seeking legal assistance to discuss strategies and prospects of success may be more appropriate.

How do I keep an eye out for counterfeit versions of my product?

It is essential to keep an eye on the marketplace. Speak to your trade mark specialist about ways to automate this. It may be appropriate to seek legal assistance to plan a trade mark watch strategy. This will help ensure you respond swiftly to any marketplace infringement. The longer a website offers the sale of counterfeit goods and services, the bigger the reputation they create with consumers.

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Lisa Henderson

Lisa Henderson

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