Trade Mark Tips

If you have successfully registered a Trade Mark, you need to maximise its benefits! Here are some of our tips to assist you with making the best out your registered Trade Mark.

Use your Trade Mark – Trade Mark registration can be subject to removal if you do not use the Trade Mark for a continuous period of 3 years.

Make others aware that the Trade Mark is registered – You can do this by using or displaying a ® symbol next to your Trade Mark.

Be aware of your Competitors – While you have a Trade Mark registration, your competitors may use marks similar to yours – it will be your responsibility to be aware of what your Competitors are up to.

Protect your Trade Mark – A registered Trade Mark is an exclusive right to use the Trade Mark in Australia for the goods and services the Trade Mark is registered in. If a Competitor infringes on your registered Trade Mark, you must be prepared to take action to protect those rights.

Renew your Trade Mark– Trade Mark registration lasts for 10 years and you must be aware of the renewal dates or risk your Trade Mark registration expiring!

New National Business Names Register

We have written about the difference between business names and trade marks on our associated blog. Business names are separate from trade marks and you must register a business name if you are trading under a different name from you or your company’s name.

The Australian Federal Government has taken concrete steps towards reforming the way that business names are managed in Australia and has passed the Business Names Registration Act 2011 in November 2011. The Act establishes a National Business Names Register which will be administered by the Australian Securities and Investment Commission, and will streamline and consolidate the various business name registration schemes in each state and territory.

The objectives of the reforms are to:

  • Allow for online applications and registrations for business names and ABNs
  • Provide an online database to allow ease of access and searching
  • Streamline and consolidate the various schemes into one scheme
  • Reduce costs
  • Avoid confusion over similar names
  • Determine if names are unsuitable or undesirable

The National Business Names Register is now live and can be found at ASIC’s website.