In Australia, brands can be protected under the consumer laws (Australian Consumer Law) and under the common law (known as “passing off”) however, registering a trade mark gives the owner a much clearer and more cost effective means of establishing rights to the brand.
When you register a trade mark you can also claim trade mark infringement under the Australian Trade Marks Act 1995. Also, registering a trade mark is the only way to gain exclusive rights to use the brand (company, business and domain name registrations do not provide such rights).
We strongly recommend registering your trade mark where possible to gain and maintain control over your brand.
What are the advantages of registering a trade mark?
Exclusivity – When you register your name or logo as a trade mark, you obtain the exclusive rights to use the name or logo.
Australia wide coverage – An Australian registered trade mark provides you with protection for the trade mark throughout Australia.
A valuable business asset – A registered trade mark is property or an asset of your business. As with any property, a trade mark can be sold.
More control of your brand – A registered trade mark allows you to license the use of your brand much easier than an unregistered trade mark.
The right to stop others from using your brand – With a registered trade mark, you can stop someone from using your brand without authorisation more quickly and easily that without a trade mark registration.
The right to use the ® symbol – Once your trade mark is registered, you can use this symbol with your trade mark wich puts others on notice of your rights.
So, while you don’t have to register a trade mark in Australia, the above shows the benefits of doing so.
Do you have any other questions concerning trade marks in Australia? Get in touch with us if you do.