With the surge in popularity of ‘dupes’ – replications or imitations of products – businesses are facing a growing challenge: preserving their brand’s individuality and position in the marketplace. Imitation may be considered the highest form of flattery, but when your products are duped, it can threaten their value and reputation, as well as the trust and loyalty of your consumers. The rising trend of dupes underscores the importance of a well-considered intellectual property (IP) strategy.
The advantages of registered IP rights
In the battle against dupes, registered trade marks and design rights can be valuable allies. They provide a legal framework that serves to prevent others from imitating your product or brand too closely. Should a competitor's product or brand bear similarities to your own, to the point of potentially deceiving or confusing customers, your registered IP rights provide a solid legal foundation to challenge any infringements.
These IP rights do more than just protect; they enhance your brand's credibility and value, giving you a competitive edge in the marketplace. Once registered, they act as a deterrent to potential infringers, reducing the likelihood of your product or brand being replicated. This assurance allows you to focus more on your core business activities, confident in the knowledge that your IP is safeguarded.
Trade marks
If you’re looking to protect the unique identifiers of your business, you may benefit from a registered trade mark. Your trade mark is how you are recognised in the market, helping you stand out in the marketplace and differentiating your business’s goods and services from those of your competitors.
With a registered trade mark you can protect a logo, word, colour, sound, smell, shape, image, moving image, aspect of packaging or any combination of these. By registering a trade mark, you can deter others from using or duplicating similar branding on the same or similar goods or services.
A registered trade mark is enforceable Australia-wide and is published on a publicly accessible database, letting everyone know that you have exclusive rights in Australia to use that trade mark.
With an initial protection period of 10 years, a registered trade mark can be renewed indefinitely, providing enduring protection.
Tip: Check you aren’t infringing on another’s trade marks – check the register before you apply!
To check existing trade marks, try the new TM Checker tool. If you’re ready, you can apply for your trade mark straight away using TM Checker.
Design rights
Design rights protect the way your product looks, such as the shape or design of your packaging or the product itself.
Securing exclusive rights to the visual appearance of your product can discourage imitations. Design rights can protect the distinctive shape, colour, and pattern of your product, ensuring that its unique aesthetic remains exclusive to your business.
Tip: Before applying for a design right it is important to keep your design a secret!
Registered design rights are published on a publicly accessible database, serving as a quiet defence against potential imitators. This visibility can deter copycats by reinforcing your claim to the design.
Design rights have an initial protection period of 5 years, and the option to renew for a further five years (for a maximum of 10 years). A design right grants you the exclusive legal right to use, license, or assign the design to others.
Subject to a limited exception, you must generally apply to register your design before it is made public.
More information
The journey to registering your IP should be navigated with care. It's important to make an informed decision by understanding the costs involved, both in registration of IP rights, but also the risk of not having protection and seeing your product or brand copied, potentially confusing your customers and resulting in lost revenue. By being informed, you can ensure that your IP protection strategy is as effective as possible.
We have a range of resources available on our website to support you on your IP journey, including our IP basics factsheets. These factsheets provide an overview of individual IP rights, including examples of how other Australian businesses have managed their IP assets. We also have further information to help you prevent infringement of your IP.
You can also learn how other Australian businesses have navigated their IP journey, have a look at our case studies.
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