A Trademark protects a brand, logo, slogan or name, so you can distinguish your business brands from your competitors. You can also trademark a company name and trademark a business name.
What isn’t well known is that a Trademark is only as good as the details that are lodged which are not assessed by the Government.
Understanding the trademark laws and your business to ensure that the correct legal details are lodged is essential, otherwise your trademark rights can be removed (or cancelled).
A Registered Trademark provides Australia-wide exclusive rights to commercially use your Trademark for the goods or services that it is registered. A Trademark also supports your entitlement to an A.S.I.C. Registration featuring the trademark such as a company name, or business name.
Likewise domain names can be protected and controlled if you have registered the domain name (website) as a Trademark. Importantly you should never purchase a domain name without checking who owns the Trademark.
A Trademark Registration allows you to enforce your Trademark rights to claim through Federal Court, compensation (damages) or lost profit when a rival has used your Trademark.
Contrary to belief, an A.S.I.C. Registration for a business name, company name or domain name DOES NOT provide any legal rights or ownership of a brand or logo. Only the Trademark Registration does, and only if you comply and meet the requirements of Trademark law.
Trademark requirements are not part of the Trademark Application process, but are ongoing compliance and obligations as you trade with the Trademark. Only a legal practitioner can guide you through this as your business trades.
Owning a name, brand, logo or slogan is solely governed by owning the Trademark rights and using them in the correct way as required by Trademark legislation.
Businesses often also refer to Trademark Attorneys as Trademark Lawyers.