The Importance of Having a Trade Mark

Disclaimer: Trade marks are also referred to using the one-word spelling, trademark, in countries such as the United States. In this blog, we will be using the two-word spelling, trade mark.

If you have registered your trade mark, you can sleep soundly in the knowledge that you are protected by the law if anyone were to use your brand name or logo. The problem is that many small businesses are unsure about registering their trade marks, and are therefore at risk of losing out on this valuable protection. To ensure that your business stays protected, here is some information about the importance of trade marks and why you should get in touch with our experienced intellectual property and trade mark lawyers.

What is a Trade Mark?

Trade marks are words, phrases, symbols, logos, numbers, pictures, aspects of packaging, or a combination of these that distinguish a brand from its competitors. People often confuse trade marks with a company name, business name, or domain, though it is common that these will be the same as the trade mark name, for branding purposes. It also important to distinguish trade marks from intellectual property (IP) rights to a design. For more information on intellectual property rights, see our blog post on intellectual property.

Why Have a Trade Mark?

Registering your trade mark with Intellectual Property (IP) Australia, will allow you to legally prevent other businesses from using similar brands, giving you exclusive rights to use, license, and sell your product or service. A trade mark can also help with marketing, as the value of your trade mark will grow with the success of your brand. Protecting your branding with a registered trade mark is essential for growing a company and earning back any investments made.

How to Register a Trade Mark

The first step is categorising your goods and services accurately. At Hazan Hollander, we do this for you. We then take care of the process by applying to IP Australia. Once we’ve filed your application, IP Australia will conduct searches for similar marks already in use; they’ll tell us if there are any issues with using certain words or phrases and recommend alternatives if necessary. This process can be complicated, which is why many opt for the assistance of our experienced trade mark attorneys who specialise in filing your trade mark and enforcing your trade mark rights. Read more about our expertise in trade marks here.

When to Register a Trade Mark

If there is already an existing similar trade mark registered in Australia, it’s essential to get on board before someone else does; the sooner the better! If you want to start using your business name as a brand, then it’s important to register it. If you don’t, then someone else could register it and use your business name. The difference between registered and unregistered trade marks is simple: registered trade marks receive protection while unregistered trade marks do not.

In summary, trade marks are important for protecting your brand, stopping others using similar brands, growing the value of your brand, and ensuring you have exclusive access to use, license, and sell the products or services that your brand provides. If you need help establishing or registering your trade mark, please feel free to contact us. You can call us in Melbourne on (03) 8538 1676, in Sydney on (02) 9233 4266, or submit an enquiry below:

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