Being aware ‍of the advantages of trademark registration 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 ⁤temporarily.‌ It might potentially be⁣ useful ⁤to ⁢brand‍ your⁢ business ​but⁤ it is indeed a common ⁤fallacy that‍ they actually attract intellectual property rights by themselves.

2.   If you ⁢do not proceed to‌ register a ​trademark than 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 request for a trademark⁢ is⁤ accomplished ‌then you⁢ ​gain ⁢priority from the⁢ date that ⁢you⁣ lodge the request⁣ 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 indeed 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