Your customers regularly identify your business by its branding which could include its business name, logo, colouring or slogan.
Whether you are starting a new business or running an established one, it’s important that you protect your brand by registering appropriate trade marks.
What is a trade mark?
In Australia, the Trade Marks Act 1995 (Cth) defines a trade mark as “a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person”.
A trade mark can be a letter, words, numbers, phrase, symbol, logo, image, sound, movement, shape or scent (or a combination of these) used to represent a business, its products or services.
Whilst unregistered trade marks exist, it is much more difficult to protect your intellectual property if you are relying only on an unregistered mark rather than a registered one.
Why should you register a trade mark?
By registering a trade mark, you:
- have exclusive rights to use, licence and sell the mark within Australia;
- notify any party who searches the IP Australia register that your trade mark is registered and that you own it which discourages infringement of your mark;
- have the right to oppose the registration of a mark which is identical or very similar to your trade mark; and
- own a valuable asset which can form part of any sale of your business.
What if you do not register a trade mark?
If you do not register a trade mark, you risk:
- infringing on another party’s registered trade mark;
- another party registering and/or using the same or a similar mark in your business’ industry or activity; and
- decreasing the value of your business’ intellectual property.
How do you apply for a trade mark?
You can apply for a trade mark via the IP Australia website. The application process can be complex. As part of the application, i is important that an applicant identifies the correct class or classes of goods and/or services to which the business’ trade mark relates.
We strongly recommend that you seek the assistance of an appropriately qualified lawyer in preparing and making any application for registration of a trade mark. If you would like to speak to a lawyer in our commercial team about a making a trade mark application or any other intellectual property matter, we would be more than happy to assist. Please do not hesitate to contact us on (03) 9822 8588 or supportteam@burkelawyers.com.au.
