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Trade Mark Tips

Congratulations, your trade mark is now registered.
But there are a few things you need to know...

  1. Carefully read your mail.  You may be contacted by bogus companies seeking payment for trade mark renewal or publishing fees. Do not pay these fees. You will only ever receive legitimate trade mark related invoices from IP Australia or Pod Legal.
  2. Use the correct symbols. Use the ® symbol alongside your registered trade mark to deter potential infringers of your trade mark. The ™ is used to represent that a trade mark is unregistered, but may be useful to deter potential infringers of your unregistered trade marks.
  3. Know the scope of your rights. You now have the right to exclusively use your registered trade mark, in relation to the goods and/or services for which it is registered. You may authorise another party to use your trade mark and you can take action against any unauthorised use.
  4. Monitor the market. It’s important to monitor the market to ensure that your trade mark is not being misused by another party. Pod Legal provides a comprehensive trade mark monitoring service to ensure that your trade mark is not infringed upon. Contact us to learn more about our podwatch service.
  5. Enforce your trade mark rights. A trade mark is only effective to the extent that you are prepared to protect it. This means that you should take action against any unauthorised use of your trade mark.
  6. Consider the global market. Your trade mark registration is valid in Australia only. Please contact us to discuss an appropriate strategy for registering your trade marks outside of Australia.
  7. Use your trade mark. If you do not use your registered trade mark, then it may be removed from the Trade Marks Register upon application, by a third party.
  8. Renew your trade mark. Your trade mark will be registered for ten years. Provided you use your trade mark and renew the registration every ten years, your trade mark may exist indefinitely.