AUSTRALIAN TRADE MARKS
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CLICK HERE: If you are interested in protecting your trade mark in overseas markets
CLICK HERE: If you are interested in protecting your trade mark in Australia
As you know, trademarks, e.g. brands and logos can be very valuable. After all, the brand name by which you ask, or search, for a product often means a sale for the company that owns that name. Trademark registration is the legal mechanism for securing ownership of trademarks.
In order for you to grow your client base through word of mouth, customers and potential customers must be able to give the name of your business or product to other potential customers. What’s more, the potential customers need to be able to remember your name and not confuse it with that of other traders.
If a potential customer confuses your name with another trader’s name then you are likely to miss out on a sale.
So you see, the goodwill that a business enjoys is intimately connected to the reputation that it has and the penetration of its name through the potential client base. It’s also extremely important that the business actually owns the trading name, and that’s where trade mark registration comes in.
You are probably aware that in most jurisdictions there are many naming regimes. By that we mean such things as, business name registration, company name registration, and domain name registration.
What you mightn’t realise though is that none of those regimes actually give you a right to stop other traders from using your trading name in respect of the goods and services that you trade in. Also, your registration of a business name with ASIC doesn’t equate to a guarantee that you won’t infringe someone else’s rights if you use your business name.
Under the Trade Marks Act, only the owner of a registered trade mark has the right to use the mark, in respect of the products for which it is registered, or authorise other persons to do so.