A Trade Mark is a legal way of distinguishing the goods or services of your business from those of other businesses.

It gives you exclusive rights to commercially use, license or sell the Trade Mark. This means that no one else in Australia can commercially use your Trade Mark within the class of goods and services it’s registered under. Be aware that registration of a business name, company name or domain name does not in itself give you any exclusive ownership or proprietary rights to use the business name—only a Trade Mark can give you that kind of protection.

Any feature (or combination of features) that distinguishes your goods or services from others can be registered as a Trade Mark, such as a letter, number, word, phrase, sound, smell, shape, logo, picture or aspect of packaging. If your business is bringing a unique product or service to market and will be using some form of branding such as your business name painted on the side of your truck, a Trade Mark is a legally enforceable way to protect it.

Protecting your Trade Mark will protect the identity of your goods and services, and prevent others from imitating your brand.

To protect your business name from being used by someone else, you can register it as a Trade Mark. A registered Trade Mark under the Trade Marks Act 1995 gives you the exclusive legal right to use, license and sell your intellectual asset in Australia.

Having a registered Trade Mark can be your most valuable marketing tool and can help build the value of your business. A registered Trade Mark can provide legal protection and enable you to stop others trading with it. A Trade Mark is protected in all Australian states and territories for an initial period of 10 years, after that time you can renew your registration.

A business name is the name under which your business operates and is connected to your Australian Business Number (ABN). You only need to register a business name if you are trading under a name that is not your own. Registration of your business name registers it nationally. You only need to register once even if you trade in multiple states. You cannot register a business name that is identical or too similar to a business name registered to another Australian business or company.

A Trade Mark legally protects your name and stops others from trading with it. When you register a Trade Mark you get exclusive use of that Trade Mark throughout Australia. A Trade Mark is protected in all Australian states and territories for an initial period of 10 years. Being an Australian Trade Mark owner makes it easier to apply for a Trade Mark internationally. If you need exclusive use of your business name, you should register it as a Trade Mark.

A business name or company registration does not give you legal rights to that name. This means that if someone else uses your business name for their business, you don’t have any rights to stop them.

Ownership
You can ‘own’ a registered Trade Mark. That is, you own the right to use the registered word, phrase or letters etc. in relation to the classes of goods and services in respect of which it is registered. Registration is proof of ownership. You cannot own an unregistered Trade Mark.

Sale
A registered Trade Mark is an asset, therefore, you can sell it. You cannot sell an unregistered Trade Mark.

Gift by Will
Like any other property that you own, you can make a gift of your Trade Mark in your will.

Licensing
You can license the use of a Trade Mark. Generally, it is more complex to license an unregistered Trade Mark.

Customs Assistance
The owner of a registered Trade Mark can obtain the assistance of the Department of Home Affairs to seize foreign shipments of goods that bear fraudulent or deceptive Trade Marks.

Balance Sheet
Because a registered Trade Mark is an asset, a Trade Mark that is acquired can have its value reflected in its owner’s balance sheet. An unregistered Trade Mark cannot easily be reflected on a balance sheet.

Rights Across Australia
A registered Trade Mark operates throughout Australia. Therefore, when a registered Trade Mark owner pursues an infringer, the registered Trade Mark owner need not prove its business reputation across the whole of Australia, since the Trade Mark registration is Australia wide.

Criminal offence
The improper use of a registered Trade Mark is a criminal offence, unlike the improper use of an unregistered Trade Mark.

Pursuit of Infringers
An owner of a registered Trade Mark can pursue an infringer without having to prove its business reputation, or to prove there has been misrepresentation or deception. If a user of an unregistered Trade Mark wants to pursue another user free riding on its reputation, it has to prove its business reputation, and misrepresentation or deception.

Communication Tools
In a single brand or logo, Trade Marks can convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products and services. Your Trade Mark doesn’t need to be a word. Designs can be recognised regardless of language or alphabet. The Nike “Swoosh” design is recognized globally, regardless of whether the native language is Swahili, Chinese, Spanish, Russian, Arabic or English.

Easy Recognition
The marketplace is crowded and it’s hard to distinguish your business from that of your competitors’. Trade Marks/brands are an efficient commercial communication tool to capture customer attention and make your business, products and services stand out. Customers viewing a Trade Mark immediately know who they are dealing with, the reputation of your business and are less likely to look for alternatives. Your brand could be the critical factor in driving a customer’s purchase decision.

Effectively Utilise the Internet & Social Media
Your brand is the first thing customers enter into a search engine or social media platform (Facebook, Twitter, Pinterest, etc.) when looking for your products and services. Higher traffic on a website or social media platform translates into higher rankings, bringing more traffic, more customers and more brand recognition.

A Valuable Asset
Trade Marks can appreciate in value over time. The more your business reputation grows, the more valuable your brand and Trade Mark will become. Trade Marks provide value beyond your core business. Trade Marks can lead the way for expansion from one industry to another. If you desire it, your Trade Mark can lead to the acquisition of your business by a larger corporation.