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Protect your Business and Register a Trade Mark

Your clients or customers regularly identify or associate your business with its branding, including its business name, logo or slogan.

Therefore, whether you are starting a new business or running an established business, it is important that you protect your brand by registering a trade mark.

What is a trade mark?

In Australia, the Trade Marks Act 1995 (Cth) defines a trade mark as “a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person”.

A trade mark can be a letter, word(s), number, phrase, symbol, logo, image, sound, movement, shape or scent used to represent the business, its products or services.

Whilst unregistered trade marks exist, it is much more difficult to protect your intellectual property if you are relying on an unregistered mark rather than a registered one.

Why should you register a trade mark?

By registering a trade mark, you:

  • have exclusive rights to use, licence and sell the mark within Australia;
  • notify any party who searches the IP Australia register that your trade mark is registered and that you own it which discourages infringement of your mark;
  • have the right to oppose the registration of a mark which is identical or very similar to your trade mark;
  • own a valuable asset which can form part of any sale of your business.

What if you do not register a trade mark?

If you do not register a trade mark, you risk:

  • infringing on another party’s registered trade mark.
  • another party registering and/or using the same or a similar mark in your business’ industry or activity.
  • decreasing the value of your business’ intellectual property.

How do you apply for a trade mark?

You can apply for a trade mark via the IP Australia website - https://www.ipaustralia.gov.au/ .

This application can be complex. It is important that an applicant identifies the correct class or classes of goods and/or services to which the business’ trade mark relates.

We strongly recommend that you seek the assistance of a lawyer or qualified trade mark attorney in relation to an application for registration of a trade mark. If you would like to speak to a lawyer in our commercial team about a making a trade mark application or any other intellectual property matter, we would be more than happy to assist. Please do not hesitate to contact us on (03) 9822 8588 or supportteam@burkelawyers.com.au.

Insight written by George Hanger

Contacts

Meghan Warren

Principal

Meghan Warren

Principal
LL.B GAICD B.Bus (FinPlan)
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (HONS) GRAD DIP. L.P., GAICD.
Since 2014, she has been an owner and Principal of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does for...

Rosy Roberts

Principal

Rosy Roberts

Principal
LL.B (Hons) B.A GAICD
Rosy has extensive experience in Litigation & Alternative Dispute Resolution having represented clients in all Victorian State Courts and the High Court of Australia. She is also a VCAT appointed Administrator.

Anthony Burke

Consultant

Anthony Burke

Consultant
B.A LL.B DIP.FIN. MGT
Tony is an LIV accredited business law specialist and a VCAT appointed Administrator. In 2008 he was President of the Law Institute of Victoria and served for two years as a director of the Law...

Stewart Davis

Associate

Stewart Davis

Associate
As well as property law, Stewart has had exposure to VCAT administration matters and commercial law, particularly servicing developer clients.

George Hanger

Associate

George Hanger

Associate
LL.B BA
George was admitted to legal practice in May 2015 after completing a Bachelor of Arts at the University of Melbourne and a Bachelor of Laws at Monash University.

Antonela Graso

Paralegal

Antonela Graso

Paralegal
Whilst completing her professional business and law tertiary qualifications, Antonela provides efficient and effective legal support services to our valued teams and clients.

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