Trade mark registration grants the owner of a trade mark with a legal right to exclusively use, or control the use of, a trade mark for the goods or services for which it is registered. A registered trade mark can protect against misuse or infringement by others, as well as allowing it to be licensed or sold.
Benefits of registration
There are numerous benefits to registering your brand as a trade mark, including:
- Obtain a monopoly over your brand in relation to particular goods and services.
- Prevent unauthorised use of your trade name or logo.
- Increase the value of your trade mark.
- Add value to your business.
Can all trade marks be registered?
Put simply, the answer is no. For your trade mark to be registered, it must be capable of distinguishing your goods or services from similar goods and services of other traders.
Trade marks that indicate the kind, quality, intended purpose or value of the goods or services are usually not capable of distinguishing your goods or services and are therefore not capable of registration. Common surnames, geographical names and trade marks that contain or consist of ‘scandalous’ matter are also unlikely to be successfully registered.
If you use a registered trade mark that belongs to another party, you may be subjected to infringement proceedings and risk legal liability.
An experienced Intellectual Property Lawyer, who is also a qualified Registered Trade Marks Attorney will be appointed to handle your trade mark matters.