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.