Being aware of ​the advantages of⁤ registering trademarks‍ is⁤ crucial‍ for business owners.

To do so will enable a ‌business owner to both protect valuable intellectual⁢ property ‍and probably add significant value to⁢ a business.

The 5 key points that business owners need to be aware ‍about⁤ trademarks are:

1.   Just because you have registered a business name,⁢ company name or domain name⁢ e.g. Priority does not give you intellectual property rights in those ‌names. Essentially registration ⁢of these names simply allows you to have the use of the names for the time being. It may be useful to ⁢brand‍ your⁢ business but⁤ it is a common fallacy that‍ they actually attract intellectual property rights by themselves.

2.   If you do not proceed to register a trademark then it is arduous and⁤ sometimes impractical to pursue a competitor who​ infringes your mark. ⁢To do so‌ in these circumstances you need to rely on your common law​ rights to seek redress ⁢in the‍ courts.

3.   All trademark registrations ⁢are governed by the Trademarks Act 1995(Commonwealth) and undertaken through IP⁣ Australia. If ultimately the application for a trademark⁢ is⁤ successful ‌then you ​gain priority from the⁢ date that you⁣ lodge the application even⁢ though the process may take several ⁢months.  ⁤Subject to there being no opposition to your application,‍ it will be ⁣processed within a reasonable time. Prior to‌ embarking on such a course, you should arrange for a search to be ‌undertaken to ensure that the ⁤trademark sought is available. Incidentally IP Australia is‍ one of the few profitable quasi governmental organisations.

4.  You can register a ⁢variety of ​trademarks including but not limited to words, ⁤logos, ‍words and images together, sounds, smells, shapes and colours. It is advisable, on a basic level, to register both the words ​associated with your brand ‌separately and then the words in conjunction with any logo for better protection.

5.  ‌ You need ⁢to renew your ⁢trademark application every 10 years and pay⁤ the necessary fee.During any period‍ when you have a registered trademark you​ should use it⁣ continuously in the marketplace as otherwise you risk action by a competitor to take ⁢advantage ⁣of the non-use ⁣and ⁤seek to have it removed.

Applying ‌to register a trademark‌ is not‍ an easy process and should be ⁤the subject⁤ of specialist advice.

At priority Business Lawyers we are regularly instructed by clients to make application for trademarks on their behalf and we welcome your enquiries.

For further data ⁤phone 4305 3500 or contact david