Need help registering a trademark?
You could be forced to stop trading under your name, if your company or business name is in conflict with another company’s name or product?
You might have to change your business name or product name.
The best way to deal with this is to register a trademark.
A trademark is a distinct sign required by individuals, businesses or products to identify itself as unique to that of a competitor. It communicates clearly that the products or services showing the trademark come from a unique source. This is the best way to distinguish itself from those of other entities.
A trademark is not a trade name, which is only the name for conducting your business. A trademark can only be registered under the Trade-Marks Act if it is being used to demarcate products or services.
A registered trade mark (R) and to a limited extent the trademark itself (TM) gives you the exclusive right in Australia to use that trademark as a brand, and to legally stop someone from imitating you, your products and or services.
A business name provides just about NO PROTECTION! A registered trade mark provides a stronger wider base for legal protection for your brand and enables you to stop others from trading with it and eroding your market share.
Once registered, the trade mark is protected across Australia for an initial 10 years. International registration is needed in each country in which you want protection.
The registration of a business name, company name or domain name DOES NOT in itself give you any proprietary rights – only a registered trade mark can give you that kind of protection when you need it.
ASSURE yourself that you have exclusive use of your name now (and in the future) by registering your business name as a trade mark.
If you unsure, please seek the advice of your accountant, lawyer or trade mark attorney.
Benefits of a registered trademark:
Notice nationwide of the trademark owner’s claim.
Stronger more detailed evidence of the ownership of the trademark.
Jurisdiction of federal courts may be brought to protect your intellectual property.
Australian Registration can be used as a basis for getting registration in other countries.
Customs Services may be used to prevent importation of trademark infringing foreign goods.