Why should I register my trade mark?

A company or business name registration does not grant you exclusive rights to your brand name. Trade mark registration with IP Australia is essential. Here are 10 reasons why:

1.           Immediate rights

It is possible to build reputation and goodwill around a brand name, and then sue for passing off/misleading and deceptive conduct if others try to trade off this reputation and goodwill. But this takes time. A trade mark registration grants an exclusive monopoly, backdated to the date of filing.

2.           Australia-wide rights

Any goodwill and reputation will only be built in the local area where the goods and services are provided. A trade mark registration grants a monopoly Australia-wide.

3.           Exclusive rights to all goods and services of the registration

Any goodwill and reputation will only be built in relation to the goods and services that have been provided to date. A trade mark registration grants an exclusive monopoly in relation to all goods and services of the registration.

4.           Basis for international rights

An Australian trade mark can be used as a basis for filing an international trade mark application if you wish to expand globally.

5.           Take down notices

Social media sites respond favourably to take down notices which demonstrate registered trade mark rights.

6.           Assignment and licencing

Trade mark applications and registrations are assets that can be transferred separately to the goodwill of the business as a whole. For the same reason, marks that are the subject of a trade mark application/registration can be licenced.

7.           Increase business sale value

Many prospective buyers will be deterred from purchasing a business or will reduce the purchase price significantly if they cannot be assured that the vendor has registered all relevant brands.

8.           Cheaper policing

Third parties adopting marks may search the IP Australia database before they adopt a mark, to ensure that it is available. In addition, IP Australia polices third party adoption of your trade mark by raising objections during examination of third party applications that are deceptively similar to your mark. If the third parties overcome such an objection by submitting evidence of use, IP Australia will notify you, so you have the option to oppose. Persons who adopt your trade mark may be more responsive to a cease and desist letter if you can establish you have a registered trade mark. And if you need to take any third parties to court, for an injunction, damages and so forth, it will be easier (quicker and therefore cheaper) to prove infringement by simply tabling your registered trade mark, than to prove passing off and/or misleading and deceptive conduct by first submitting sufficient evidence to establish that you have a reputation and goodwill in the trade mark. 

9.           Domain names

You may use an Australian trade mark to satisfy the Australian presence test, to get or maintain an Australian .au domain name. auDA and other domain name dispute resolution boards will take account of your registered trade mark rights in any domain name dispute.

10.         Value

All of the above benefits means that a registered trade mark is more valuable.

Let us help you

If you’re interested in taking the next steps to protect your brand, contact us at Tarr Law on:

hayley@tarrlaw.com.au or 0477 914 319.