Applying for a trade mark is a great way to give your business a leg up but it’s important to protect it afterwards as well. Effective enforcement of your trade mark is necessary to maintain its value, deter potential infringement and attract commercial value.
In this short webinar, you will learn:
- what enforcement is
- IP Australia’s role
- the actions you can take
- additional ports of call.
Please note this webinar is not an introductory session and assumes you have already attended/viewed the Understanding Trade Marks webinar (available in our webinars playlist on YouTube).
- What steps would you advise businesses and individuals to take to ensure they are not infringing on existing trade marks?
Infringement can be costly so it’s best to take proactive steps to avoid infringing on other's trade marks. It is a good business practice to conduct a search as early as possible. This should be done before you invest time and effort in developing a new logo or product.
During the creation of your own branding strategy, you should be conducting searches of the marketplace, as well as the Australian Trade Marks Register to ensure that your brand is not the same or similar to other brands operating in the same industry. If you find anything that is similar to your trade mark on the register, be sure to check what goods or services they have claimed and see if these are similar or related to the goods and services you will be selling under your own brand. It's also important to consider the market you are trading in. If you offer products or services to customers outside of Australia then you will need to consider trade marks that may be registered in other countries.
As part of your usual business practice, it may also be useful to conduct routine checks of what your competitors and consumers are making, selling, advertising, reviewing, and buying. Search engines and analytic tools can provide valuable insights, as too can social media platforms.
If you do find something that concerns you, it may be best to consult with an IP Attorney for business-specific advice before you proceed with a particular brand idea. You may also wish to investigate IP Australia’s TM Headstart services if you are considering registering your own brand as a trade mark. This service will give you a preliminary idea about any potential barriers to registration, including other trade marks on the register that would be considered similar.
- Can you set-up an 'auto-alert' for a particular search of the trade mark register?
We host an application known as IP Folio. IP Folio is a digital wallet for IP rights within Australia. It provides an accessible, convenient and responsive means to access IP right information via a mobile app.
IP Folio displays key information and notifications keeping you updated on the progress of your trade mark and patent applications. We’ll tell you when your application has been accepted, examined or requires renewal.
You can also use IP Folio to search for pending or registered trade marks or patents in Australia and receive notifications (alerts) for status changes.
- How do I search on the trade mark register?
We have a number of instructional videos on how to use and understand the search functionality. If you are still having trouble navigating the register you can call 1300 65 10 10 9am to 5pm AEDT Monday to Friday for guided assistance over the phone.