Q & A - Trade Mark

Q: How can registering a trade mark make a difference?

A business may leave its marks unregistered. When an infringer uses an unregistered mark or similar ones to suggest a false connection to the business, the business may rely on the laws against ‘passing-off’ and ‘misleading or deceptive conduct’ to stop such use. However, the business will have to prove the reputation behind their marks. Evidence in this regard, sometimes even requiring market surveys, may be expensively to collect.

By registering the marks as trade marks, the business instead needs to prove that an infringer, without the business’ authorisation, has used the trade mark or similar marks on goods and services that the trade mark is registered with – a simpler, more cost effective process.

Q: How does a registered trade mark work?
A business may have various marks such as bands, logos, slogans and packages etc. Such marks may be registered with a national register of trade marks in Australia. Each trade mark is registered in respect of certain classes of goods or services, so that the trade mark owner can use the registered trade mark on or in relation to those goods or services, such as affixing it to the package of goods, or using it in the promotion of the goods or services. A person may infringe a registered trade mark if he or she, without the trade mark owner’s authorisation, uses the trade mark or similar marks on the goods and services that the trade mark is registered with.

speak to us and put your mind at ease 1300 618 888