Whether you’re looking to protect your business name, logo or phrase, a registered trade mark is a form of intellectual property (IP) protection that can help your enterprise grow.
It can provide you with:
- the legal right to place the ® symbol next to your trade mark, acting as a visible deterrent to copycats
- exclusive rights to use your trade mark in Australia
- the ability to stop others from using your trade mark through an infringement action
- the ability to generate revenue by selling or licensing others to use your trade mark for a fee (e.g. producers, distributors, sellers, franchisees or contractors).
A registered trade mark can be an important asset for a business of any size. It can also help your business avoid costly and time-consuming infringement claims and the expense of rebranding.
How to avoid infringing on a registered trade mark
Checking out the competition is a good first step to see if there are similar trade marks already registered. This will help confirm you’re not infringing on someone else’s IP asset.
Visit our How to search existing trade marks page for more information on the importance of checking your ideas are unique in the marketplace.
Consider what business elements you’ll likely need to protect and what class of good or service is relevant for your business by visiting What to consider before applying for a trade mark.
Consider applying to register your own trade mark
Once you’re confident with your ideas, our free TM Checker tool can help you discover if a specific word, phrase or logo is suitable for registration in Australia.
Registering a trade mark can cost as little as $330 per class of good or service for 10-year protection.
TM Checker can guide you through the registration process, or you can seek support from an IP professional.
It’s important you learn the ins and outs before deciding to apply for a registered trade mark. Christel Hadiwibawa, co-founder of NOA, a small business that develops cordless charging technology, had this advice for businesses considering a registered trade mark.
“For businesses considering whether to invest in IP, our advice is simple: don’t overlook it. Your brand is one of your most valuable assets and protecting it early can save you from disputes or costly rebranding later.”
Decide if a registered trade mark is right for your business.