What are the benefits of trade mark registration?
Although it is not compulsory to register a trade mark, registration of a mark gives a number of advantages, including:
1. Automatic protection, Australia-wide
Registration normally gives rights throughout Australia, even before the trade mark has been used.
Rights in unregistered trade marks may be limited to the state or local area in which the reputation exists.
2. Creation of a tangible asset
Registration of a trade mark converts otherwise intangible reputation and goodwill into concrete personal property rights that can be licensed, transferred, mortgaged, or sold to others.
3. Cost-effective enforcement
Registration of a trade mark:
- lets third parties know the trade mark is taken; provides a defence to allegations of infringement; facilitates acquisition of registration overseas;
- can block registration of deceptively similar trade marks by others; becomes a deterrent to adoption of ‘deceptively similar’ trade marks by others; and
- usually helps in the resolution of domain name disputes.
4. Valuable marketing tool
The public will identify a certain quality and image with the goods and services bearing your trade mark. It can therefore be an important means of maintaining goodwill with customers and clients.
Which class (or classes) of goods or services should I register for?
Goods and services are divided into different classes according to an international classification system. There are presently 34 classes of goods and 11 classes of services.
