A registered trade mark can be an invaluable asset for a business. If you’re a start-up or business owner and you haven’t yet secured protection for your branding, you should consider applying for registration of your trade marks.
A trade mark is a sign capable of distinguishing one trader’s goods or services from another. Trade mark signs can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent – or any combination of these! Think of distinguishing marks like Nike’s swoosh logo or Cadbury’s colour purple.
Registering a trade mark gives you exclusive rights to use the registered mark in relation to the goods or services claimed in the registration, and is the most efficient way to prove ownership rights in your mark. As well as deterring others from using your trade mark, you can enforce the registration if someone looks to be infringing your trade mark. Registered trade marks are valuable business assets, and the owner of the mark can choose to sell or license the trade mark for others to use. This can be particularly important for start-ups and small businesses as they grow and evolve over time.
Unlike some other IP rights, registered trade marks may last indefinitely provided renewal fees are paid (every 10 years), and the registration is not challenged for non-use. Once granted, registration is effective from the date of application, but it takes a minimum of 7.5 months to register a trade mark in Australia (as long as there are no issues with registration), due to obligations Australia has under international treaties. Our Bolter team can navigate the process for you, including advising on prior Brand Checks – browse our fixed-price essential packs here.
A trade mark registration in Australia can be used as the basis for extending the registration into other countries if you decide you’d like to expand your offerings outside Australia – something that might be key for a lot of start-ups and businesses!
If you’d like to know more about trade marks or the application process, reach out to our friendly team at Bolter today!