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The benefits of trademark registration for business owners

Updated: Mar 14

A trade mark registration can be a valuable asset for business owners.

It protects commercial value, cementing ownership over your brand and empowering you to stop infringement.

A man researches the benefits of trademarks using a tablet on his lap
There are many useful benefits to trademark registration

The other benefits of registration include:

How to benefit from registration

The first step is lodging an application to register your TM with IP Australia. Filing a trade mark application is a critical step for businesses to protect their brand.

After you're across the benefits, read our guide on whether you should apply to register a trade mark.

If you think you need to apply for registration you should check out how to file a application.

What are the benefits?

Registering a TM grants several key advantages that can serve to protect your brand.

The exclusive right to use the mark

By registering a TM, you're granted the exclusive right to use it, a valuable asset for distinguishing your goods and services in the marketplace.

You can enforce your trademark rights to stop others from using your TM.

Defence against infringement

Owning and using a registered trademark can provide a defence against infringement, ensuring that your right to use it is legally protected.

If you're using a trademark that you own (or are authorised to use) in respect of the claimed goods and services, you'll have a defence to infringement claims made by others in respect of that use.

Prevent others from registering similar trade marks

It's important to know that if you register your TM, you'll be able to prevent others from registering similar TMs.

One of the requirements for registration is that the TM isn't substantially identical or deceptively similar to any earlier TMs in respect of similar goods or services. If the examiner thinks that an application is too similar to an existing TM, an objection will be raised.

This means you'll be able to stop any substantially identical or deceptively similar TMs from being registered. Our trademark monitoring service can help identify infringement, notifying you of similar applications when they're filed.

Rights can be renewed indefinitely

A registration lasts for 10 years. At the end of 10 years, you can renew it by paying a renewal fee to IP Australia. This can happen indefinitely, allowing you to protect your rights for as long as you need.

The ability to renew indefinitely offers ongoing protection of your brand's identity and value.

Claiming the date for international applications

For self-filing applicants considering international expansion, successfully completing a trademark application in Australia allows you to claim the Australian date as the filing date for an international application. To claim the date, you'll need to file the international application within six months of the Australian application.

Publication of your rights

The transparency of trade mark ownership through public records reinforces the legitimacy of your brand, providing confidence to customers and stakeholders.

Need help?

If you need help with your trade mark or have a trade mark issue, contact us today.

*Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.


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