A trade mark registration can be a valuable asset for business owners.
It protects commercial value, cements your ownership over your brand, logo and other intellectual property, and empowers you to stop infringement.
A trade mark registration is an asset that can accrue value and be sold. It grants the owner the exclusive right to use the trade mark in respect of the goods and services claimed. The owner can also licence the right to use the trademark to others.
Other benefits of registration include:
the exclusive right to use the registered trademark for 10 years (which is backdated to the date the application was filed)
the ability to stop others from infringing your registered trademark
a defence to claims of trademark infringement by others (provided you're using the mark in respect of the products or services you've claimed)
being able to stop others from registering similar trademarks in the future
the ability to renew the trademark indefinitely every 10 years
the ability to claim the date of your Australian trade mark as the filing date for an international trade mark (if you file the international trade mark within 6 months)
ownership of the trademark is a public record
use of the ® symbol
How to benefit from registration
The first step is to apply to register your TM with IP Australia. Filing to register a trade mark 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 our guide - how to file an application.
What are the benefits of trademark registration?
Registering a TM grants several key advantages that can serve to protect your brand:
1. Value - adding value to your business
The ability to store and realise value is one of the key commercial benefits of registering a trademark.
A registration can be sold and licensed to others. As you use your brand and generate goodwill and a good reputation in your brand, your trade mark rights are essentially how this value can be stored.
As part of the agreement where you sell or license the mark, the other party might agree for payments to be made to you. These payments will depend on the value of the trademark to the other party.
2. Exclusivity - 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.
3. Protection - protects against infringement claims
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.
Read our guide to learn more about trade mark infringement.
4. Security - Prevent competitors 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 an examiner at IP Australia thinks that a trade mark is too similar to an existing TM, an objection will be raised. If an objection isn't raised, or if the applicant overcomes the objection, you can file an opposition.
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 trade marks when they're filed.
To learn more about trade mark monitoring, read our guide.
5. Convenience - Easier to stop unauthorised use
Having a registered trade mark makes it easier to stop the use of a similar mark by others.
Without one, it's more time consuming, costly and difficult to stop someone from copying your brand.
6. No expiry - 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.
It means that the benefits we've outlined here will last for as long as you continue to renew the registration.
7. Expansion - 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 trade mark.
To claim the date, you'll need to file the international application within six months of the filing date of your Australian trademark registration.
Not sure if you need an international trade mark? Read our guide.
8. Publication - third parties know about your rights
The transparency of trade mark ownership through public records reinforces the legitimacy of your brand, providing confidence to customers and stakeholders.
9. Acknowledgement - use of the ® symbol
Once your mark is registered, you're allowed to use the registration symbol (®).
The purpose of the ® symbol is to notify other people that you've obtained protection for your brand by registering your trademark.
It can help if you need to enforce your rights, especially if your brand is well publicised and it's likely the infringer would have seen the brand and ® symbol.
It is an offence to use this symbol with a trade mark unless it is registered.
10. Respect - additional rights from platforms, domains and governments
If you're a trade mark owner, there are a few benefits provided by third parties that will allow you to leverage the mark for additional benefits and easier protection.
For example, owning an Australian trade mark will enable you to register a .com.au domain name.
Amazon grants its sellers additional rights if they have a registered mark or have applied for protection through its Brand Registry.
Other sales platforms have similar programs.
Additionally, if you're importing goods into Australia, you can lodge a notice of objection with the Australian Border Force.
This authorises the seizure of goods that infringe on your trade mark by the Australian Border Force.
Need help to secure your brand?
Sign up to our trademark tips newsletter.
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.