Trade Marks Necessities

A common mistake made by persons who either have a registered company or business name is that they assume that these registrations grant them exclusive naming rights. Unfortunately, time and again we encounter people finding themselves in breach of an existing trade mark or limited in the commercial application of an existing name due to a prior trade mark registration.

Another little known fact is that unless you have a trade mark that corresponds with your internet domain name the domain name may be taken from you by a competitor or an existing trade mark holder. In fact the only way you can ensure ownership of your domain name is to get trade mark protection.

Lawsearch Australia assists persons wishing to either protect existing naming rights by applying for a trade mark or by assisting the business owner to search for and find a name that distinctively defines their business.

A trade mark, once registered, is a right that exists for ever. Following the payment of the initial registration fee a trade mark may be renewed every 10 years, indefinately. As previously stated a trade mark is a form of intellectual property and as with all property may be sold to or licensed for use to other parties and inherited by your heirs. As such a trade mark adds commercial value to a business and in the age of the internet, the global economy and aggressive business practices is a right that must be considered by all those who want to distinguish their business from their competitors.

Making the Right Trade Mark Decision

There are a number of different trade marks that can be registered, however, the three most common forms of trade mark are: the word mark, which affords the word mark holder exclusive naming rights over the trade marked word or words. This is a particularly powerful form of trade mark due to the way in which internet search engines work; there is also the device mark or logo which prevents persons from using an identical or similar logo in trade or commerce; Finally, there is the composite mark which combines both the elements of the word mark and logo.

Lawsearch Australia will work with the business owner to help them decide what type of trade mark(s) will best serve their purposes and which countries should be considered for registration.

With a registered trade mark you will own your brand name and have monopoly use of the trade mark in Australia, or the country it is registered in, ensuring that no one else can trade under the same or similar name in the related goods and services;

Only a registered trade mark can provide ownership and protection for your domain names;

A registered trade mark is the only form of protection recognised by Google, Yahoo and eBay to protect your name from being bought as Adwords or ‘Sponsored Links’ or from having others selling goods by using your hard earned reputation;

Your trade mark is your personal property and an asset which can be sold, inherited and transferred;

You increase the value of your business by ensuring your trade mark is Registered;

You have the right to stop others from using the trade mark;

Your trade mark can be licensed for use;

Trade mark protection lasts for 10 years and can be renewed indefinitely;

Without a professional search you could find your business name is infringing someone else’s registered trade mark and possibly have legal action taken against you;

Without getting your own trade mark registered, another person or business could apply and actually be granted registration of your name at any time without you even knowing; and

Registered trade marks are a business essential when considering franchising.