Australian Trademarks
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So you have developed a great name for your business or product? A great logo to represent your company? How will registering the trademark help you and your business? 

 

BE IN CONTROL OF YOUR NAME

 ♦Registration of a trademark gives the owner the right to use the trademark, for the goods/services nominated, and generally control the use of the trademark - this can include stopping others using the same, or deceptively similar branding as well as licensing the use to other parties.

 

MAKE MORE MONEY

 ♦Following on from above, if you choose to license the use of your name to someone else, you can charge a fee. For example, if you chose to franchise your business you could charge additional 'royalties' for the use of the name and/or logo. This fee is normally negotiated between the two parties. So, you could be generating further income while someone else does the work.

 

ADD VALUE TO YOUR BUSINESS

 ♦A trademark is a sellable asset, just as real estate property is. By registering your name, corporate logo, slogan etc as a trademark you add value to your business straight away. So, when you retire, if you choose to sell your business (or even before hand), if the trademark is registered you will most likely be able to sell for a higher price.

 

BE PROFESSIONAL 

 ♦Many people realise that the ® symbol represents a registered trademark. By being able to use this symbol, others are deterred from 'ripping you off', and view your business as being professional, as it is visually obvious you have followed the correct processes and you are serious about your business.  

 

OWN YOUR NAME

 ♦Once your trademark is registered, you are given ownership of that name, logo or slogan etc. A business or company name registration DOES NOT provide you with ownership rights. It allows you to trade with the name. Trademark registration is the registration required to tell other people to 'cease and desist' use of your name. Furthermore, to ensure others can't tell you to cease use!

 

OWN IT FOR EVER

 ♦Once registered, you can own your trademark indefinitely. It will not expire unless you fail to meet the renewal obligations every ten years. However, remember you must use your trademark. If you do not use it in the first 3 years, another party may request it be deregistered for non-use.

 

STOP PEOPLE FROM BRINGING INFRINGING PRODUCTS INTO THE COUNTRY

♦By owning a trademark, you may make an application to customs so that they can keep an eye out for people importing products under the same or even a similar name, presuming their product is related to yours. You cannot stop persons in an unrelated industry.

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