The Vital Role of Trademark Management in protecting brands, logos and trademarks.

In the dynamic landscape of business, where competition is fierce and innovation is constant, the importance of effective branding, trademarks and patents cannot be overstated. 

Central to trademarks is the management of trade marks – the names, symbols, and logos that define a brand. 

In this article, we explore the critical role trademarks play in establishing commercial goodwill and building reputation, and the necessity for businesses to adopt proactive trade mark management strategies.

Trademarks should be audited regularly, at least annually

It’s not uncommon for business owners to think that registering is one-off. However, quality audits and research should be conducted on

1. whether any changes to the business synchronise with the trademark rights, 
2. “Company trademark use” policies are adequate in view of changing legal requirements and 
3. monthly identification and research on whether infringements exist.

However, Federal Court of Australia decisions in 2023 underscore the importance of an ongoing trade mark management process. 

Many trademark registrations have been invalidated due to faulty ownership, faulty cover, or faulty use which isn’t in accordance with the Trademark Act requirements.

Regular ‘health checks’ of a business’s trademark portfolio and brand protection strategy are crucial to avoid adverse consequences.

Key Questions for Trademark Health

To gauge the ‘health’ of a business’s brand and trademarks, some several critical questions that should be asked are as follows:

1. Registered Trademarks: When was the last audit of the business’s registered trademarks? Are the trade marks being used properly for branding functions? Are they used in relation to the registered goods and services? Non-use may lead to removal from the Register, or forced removal by a judge during Court proceedings.
2. Ownership and Control: Who is using the business’s registered trademarks? Is the registered owner maintaining control over third-party use? Lack of control could make the trademark vulnerable to removal from the Register. Are there the correct licences in place and are they being policed correctly per Court and requirements that a Judge will expect?
3. Unregistered Trademarks: When was the last audit of the business’s unregistered trademarks? Are all currently used trademarks registered? Have there been changes in the usage of trademarks in recent years? Are there any gaps in the registered trade mark portfolio?

The above is just a snippet of what our Trademark Lawyers cover off in a legal audit.

About Australian Patent and Trademark Services Pty Ltd

Alex, the founder of Australian Patent and Trademark Services Pty LTD, is a registered patent and trademark attorney with 26 years of experience. 

Offering comprehensive trademark solutions, he ensures the protection of clients’ valuable brand identity. 

Additionally, he specialises in registering patents and product designs, boasting global expertise to ensure your company is properly protected.

Conclusion

Trade mark management is not a one-time task but an ongoing process vital for a business’s success. 

Failing to conduct regular ‘health checks’ on trade marks can have severe consequences. 

Businesses must stay proactive, continually monitoring, revising, and renewing trademarks to ensure they remain powerful tools for brand building and differentiation.

This article does not constitute legal advice. A professional should be consulted to examine your specific situation, requirements and commercial goals.

Have questions about protecting your intellectual property?

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Reach out now at and let’s turn your ideas into lasting success or call our Trademark Attorney firm on 1300-138-802.

The above information should be treated as “informative only”. Legal advice must be sought for every individual and their particular commercial needs and circumstances. Please contact your Patent and Trademark Attorney from our firm to examine and assess your particular situation and provide advice that suits you.