Trademarks
3. Benefits of Registration
Last updated: 22 Sep 2015
- A trade mark does not need to be registered to receive protection.
- The common law right of passing off and consumer protection legislation may provide some protection against inappropriate use of an unregistered trade mark.
- However the registration of a trade mark has some very significant benefits including that:
- brands are critical business assets and can be protected;
- registering a trade mark provides an enforceable right to stop others from using the same or a similar trade mark in connection with the same goods or services and possibly even related goods or services. Unlike a business name or company name a registered trade mark provides legal protection for businesses;
- an Australian registered trade mark is a federal right that provides protection in all Australian states and territories;
- registration puts the public on notice of your rights in the mark and may assist in deterring other businesses from using or applying to register the same or a similar mark;
- registration is generally stronger and more cost effective than unregistered rights in challenging third party use or applications;
- registration gives you priority as the Trade Marks Office will automatically raise your trade mark in opposition against a subsequently filed application to register a substantially identical or deceptively similar mark;
- registration may provide you with a defence to a claim of trade mark infringement brought against you by a third party;
- registration is a proprietary right that can be assigned, licensed or otherwise commercialised; and
- provided a trade mark is used correctly and the registration is maintained a trade mark registration can last forever.
View more Information on Intellectual Property