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Trade marks part 2 - Registered

Registered trade marks carry the ® symbol. In Australia, trade marks are registered with I.P. Australia…  

1 July 2012

As the value of your Brand increases, protecting your trademarks makes sense. Once you’re a registered trademark holder, adding the ® symbol to your trademark clearly shows your ownership and acts as a warning to others not to imitate you. 

If you’re planning to register a trademark, there are a few things to remember.

Firstly, have some other options on hand in case the name or logo you choose is not accepted. TM Headstart is a service offered by I.P. Australia to help see if the mark you’re proposing can be registered. An I.P. professional can also help you with this process. Registrations are broken down into 45 classes, so you’ll also need to know which classes you want to apply for. 

Secondly, I.P. Australia are the government agency that maintains a database of registered rights (including trade marks), but they aren’t responsible for enforcing those rights. That means it’s up to the owner of registered rights to defend them through the legal system if they believe they’ve been infringed. 

Thirdly, trademark protection is undertaken country by country. If you’re registered in Australia and launching your Brand abroad, you can access overseas trademark protection through the Madrid Protocol. The protocol has a number of benefits like seeking protection for all, some, or just one of the member countries. Talk to an I.P. professional to learn more. 

Lastly, registration lasts for a period of 10 years but can be renewed for life, so keep track of important dates that can affect your registration, like renewal dates. 

For a plain English kit explaining everything you need to know about trade marks in Australia, visit www.ipaustralia.com.au.

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