Do I Need To Register My Trademark?

No, you are not legally required to register your trademark to use it. 

So Why Register?

Where a trademark is unregistered, the owner must rely on the common law action of "passing off" or take proceedings under the Fair Trading Act 1987 to protect the mark. Such actions can involve long and costly litigation.

Registration of a trademark, however, gives the owner of the registered trademark legal protection. You can sue for infringement if someone else uses a similar mark to your registered trademark for similar goods and/or services.

What Is A Trademark Search?

A trademark search is a search of the Australian Trademarks Register to see if anyone else has already applied for the same mark or a similar mark.

Where another same or similar mark exists, IP Australia will refuse registration of your mark. It is therefore essential that a comprehensive search is carried out before you apply.

trademarkzone can provide a search of the Australian Trademarks Register for conflicting marks before you apply.

Why Use An Agent To Conduct A Search?

Searching the Australian Trademarks Register can be time consuming and confusing. Your mark does not have to be identical to one that is already registered. It may be enough that the marks are similar and the goods or services are related.

When you apply for a trademark search with trademarkzone, we provide a comprehensive search of the Australian Trademarks Register for other marks that may be in direct conflict with your mark.

Who Can Apply For A Trademark?

Only the trademark owner or their agent can apply for the registration of a trademark.  An application made by a person who is not the owner of the mark can be challenged.

How Long Does It Take To Register A Trademark?

Many factors can affect the process.

A trade mark must be examined and accepted by IP Australia before it can proceed to registration. The examination process itself can take from 12 weeks to 15 months depending on any examination issues that arise.

Even when a mark is accepted by IP Australia, it may still face objection from another party. 

How Long Does Registration Last?

The registration period lasts for 10 years. The trade mark can be renewed at every 10 year anniversary.

trademarkzone can remind you to renew your trademark and renew your trademark for you.

Will Registration Protect My Mark Overseas?

. Each country has its own laws and practices regarding trade marks.  You will need to apply for protection in each country where you wish to register your trade mark.

trademarkzone can provide assistance with overseas trademark applications. Please contact us directly for a free quote.

If you wish to apply for a trademark in New Zealand, you can apply using Trade Mark Zone New Zealand.

Who Enforces Trademark Protection?

A trademark is personal property. The trademark owner is responsible for monitoring other people using their trademark or a similar mark and taking any necessary enforcement action against them.

trademarkzone can monitor your trademark and alert you if other traders have applied for a similar trademark with IP Australia.