How Australian Trademark Registration Legally Prevents Others From Using Your Brand Name?
Depending on your business structure, you may have a business, company, or domain name, to help customers and stakeholders identify your business. But, registration of these names does not provide any exclusive ownership to the names. They can still be used by other businesses. A trademark is essential to acquire exclusive rights to a business aspect that you wish to protect.
A trademark can be any tangible or perceptible aspect that serves to set your business apart from the competition. Acceptable features include number, letter, word, phrase, logo, shape, picture, movement, smell, sound, a packaging aspect, or any combination of the above.
Registering a Trademark
Trademark registration brings with it several legal benefits, including lawful protection of your trademark. Once registered, your trademark is entitled to legal protection in all states and territories of Australia. You need to register your trademark through the IP Australia website.
A registered trademark is immediately identifiable by the ® symbol next to it. While it is legal to add a ™ symbol to your trademark, it does not have the legal protection that comes with registration.
So, how does a registered trademark protect your business?
Gives you Sole and Legal Ownership of your Brand
Obtaining a trademark proclaims that you are the sole legal owner of the trademarked entity. No other business can use the trademark for trading reasons in Australia. This limitation applies only to that category of trading under which the trademark was originally registered by you.
Entitles you to Exclusive Trademark Rights
A registered trademark endows you, as the owner, with exclusive rights for use, sale, or licensing, of the trademark. You are entitled to such legal benefits through the Trademarks Act 1995.
Enables you to Legally Preserve your Business’ Identity
Your trademark cannot be used by others, which prevents imitation and fraudulent use of your brand. Having a trademark lends a uniqueness to your business, which serves as a valuable marketing aspect, earning you a competitive edge.
Empowers you to Prevent Illegal Use of your Brand Name
Any use of your trademark for commercial purposes by a business is an offense under law. Any business involved in such an act is liable to legal action, under the Competition and Consumer Act 2010.
This legal protection is applicable even if your trademark is unregistered. But, the process is easier and less costly if your trademark is registered.
Gives your Brand Name Years of Legal Protection
Once registered, your trademark has a life of 10 years, calculated from the date of filing the application. You can increase the protection by renewing the trademark, either:
- 12 months prior to the renewal date, or
- 6 months after the renewal period. In this case, late fee charges apply.
A trademark can be your brand’s sole connect to your customers and a highly distinguishing aspect of your business. Take the next step and preserve such a valuable business asset with a trademark registration.View All