Guide For Australian Trademark Protection

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Guide For Australian Trademark Protection
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Introduction

• A lot goes into keeping a firm functioning. Along
  with the everyday management of your affairs, it
  frequently involves hard days and nights, the
  strain of managing duties, and risk avoidance.
  Given this, registering a trademark to protect
  your intellectual property might not be high on
  your list of urgent needs, especially if your
  company is just getting off the ground. However,
  the procedure itself has the potential to provide
  you nationwide protection, reduce your danger of
  having to start over with your preferred brand,
  and save you a significant sum of money on legal
  fees.

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• Your brand is what makes you recognisable in the
  marketplace and includes your logo, business
  name, brand names, words and even shapes, colours
  and smells. In a nutshell it can be your most
  valuable asset and should be protected
  accordingly. Doing so, will safeguard against
  people who wish to either capitalise on your hard
  work, or for anyone who may be creating confusion
  in the market by inadvertently using names,
  brands and logos the same or similar to yours.

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• The generalities of the registration process can
  seem simple enough however, seeking the aid of a
  trademark attorney can help reduce any delays in
  being granted a successful trademark, as well as
  help ensure you for the correct things when you
  apply for a trademark. On being granted a
  trademark, the trademark owner has the right to
  use it for the claimed goods or services covered,
  for the initial period of ten years and can be
  renewed every ten years thereafter.

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• Ideally, you want something that separates you
  from the rest of the marketplace and allows your
  business and its goods/services to stand out from
  the others. By doing this you are more likely to
  be accepted for trademark registration by IP
  Australia the body who governs trademarks. If
  your application is rejected or queried it can
  result in months of planning and effort down the
  drain, so a well-thought out plan in the
  beginning phases can avoid unnecessary delays and
  problems in the future.

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How Does a Registered Trademark Protect Me?
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• The protection afforded to you by registering
  your trademark includes various things rights
  that you may not have otherwise
• The protection against other people having
  trademark infringement claims. You do not
  infringe another trademark through using a fully
  registered trademark. It is the best available
  protection for your business name, logo or other
  item to give you the safety for conducting
  business the public domain.
• Some protection against other parties obtaining
  the rights to use similar names and logos. By
  having a registered trademark, it becomes more
  difficult (quite often impossible) for other
  parties to register the same or similar name/s
  after you.
• The right to take action when it is determined
  another person is infringing your registered
  trademark by the act of using similar names,
  logos or other signs that may cause confusion in
  the marketplace.

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• You will not receive any of this protection
  merely by registering your business name, company
  or domain name. The above is associated with
  trademark registration via IP Australia. If
  youre in doubt regarding what you should be
  registering, or have any questions about the
  trademark registration process, its best to
  enlist the help of a trademarking lawyers before
  lodging your application.

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• Does a Registered
• Trademark Benefit my Business?

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• The impression left on consumers, associates and
  others of a registered trademark can be that of
  professionalism and reliability. Having the
  symbol against your name/logo can demonstrate
  that you have given some serious thought to your
  brand in the marketplace and have set your
  business up professionally from the initial
  stages.
• It can also be a great way to promote new
  business by giving potential customers or clients
  a sense of trust and credibility. It
  illustrates that youre in the marketplace for
  the long-term and wont merely disappear
  overnight. It is a way of telling customers and
  clients youre serious about your brand and
  youve invested in your business and its
  protection.

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• Being a registered trademark owner also comes
  with another benefit the right to authorise
  another party to use that registered trademark in
  relation to the claimed goods or services. Being
  able to promote a registered trademark is also a
  good deterrent against people copying aspects of
  your business or brand.
• Lastly, there is a very good chance that by
  owning a registered trademark, you stand to
  improve your relationships for importer/exporter
  companies. It is not unusual for a local
  distributor or agent to request proof of
  registration in order to enter a business dealing
  in many countries.

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• A registered trademark gives you the much-needed
  protection in the event that someone uses your
  intellectual property without your permission,
  which will enhance your commercial prospects and
  foster a sense of trustworthiness and confidence
  in the market.
• Before taking any action related to your company
  and trademarks, it makes commercial sense to get
  competent guidance. Doing so can help you avoid
  any unnecessary delays in getting a successful
  trademark, as well as avoid any expensive and
  lengthy disputes in the future.