WNA Blog

Thu 15 Aug 2019

Thinking of Registering a Trade Mark?

Legal Services
You’ve turned a great idea into a product or service and have an amazing logo and business name. Now you’re considering registering a trade mark – wonderful idea! There are so many things you'll gain with a trade mark registration...

Protection over your reputation

As the owner of a registered trade mark, you can bring an infringement action against a copy-cat without having to submit evidence proving the reputation of your trade mark. Your registered trade mark can be used to prevent the infringing use of a company, business or product name.


Third parties may be encouraged to re-brand away from your registered trade mark, rather than risk an allegation of infringement.

A defence to infringement

A registered trade mark may provide you with a defence to an allegation of trade mark infringement raised by a third party.

A continuing monopoly over your most valuable business asset

As long as your renewal fees are paid every ten years and you continue to use your trade mark as registered, your trade mark registration can continue to protect your name/logo forever.

And the best bit?  All of these benefits are provided nationwide – trade mark registrations are rarely subject to geographical limitations within Australia. On the other hand, unregistered (or “common law”) trade marks are geographically limited to wherever reputation can be proven.

So, what exactly should you register?

Often, a trade mark forms only a small portion of an overall brand.  Your brand may be represented by a very distinctive font, logo or distinctive colours. Your particular business ethos and customer service goals might also form part of your brand.  Whilst these things are all very valuable from a marketing perspective, it’s likely not every element can – or should – be protected as a trade mark.

A registered Trade Marks Attorney can help you figure out what aspects of your branding would be best registered to maximise the effectiveness of a trade mark registration, giving you peace of mind that the value you’re building in your brand is properly protected.

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