The Benefits of a Registered Trademark

A registered trademark in Australia is a legally protected symbol, word, or phrase that identifies and distinguishes the goods or services of one company from those of others. A trademark is an important tool for building and protecting the goodwill that a business builds up over time. Here we outline some of the benefits of a registered trademark.

1. Exclusive Rights
   A registered trademark provides the owner with exclusive rights to use the trademark in relation to the goods or services for which it is registered.

2. Goodwill
   Goodwill is the reputation a business has built over time, which can help it attract and retain customers and generate revenue. A trademark is an important tool for building and protecting this goodwill, as it helps consumers identify and associate a particular product or service with a particular business.
   
   Many of the benefits also help build and protect this goodwill.

3. Brand Recognition
   A trademark helps consumers identify and distinguish a particular brand or product from competitors. This can help build brand recognition, which in turn can increase customer loyalty and trust in the brand.

4. Quality Assurance
   A trademark can help signal to consumers that a particular product or service meets certain quality standards. This can help build trust and loyalty among consumers, as they know what to expect from the brand.

5. Legal Protection
   A registered trademark provides legal protection against others using a similar mark in a way that could cause confusion or damage the reputation of the trademark. This can help protect the goodwill and reputation of the business, as it prevents others from unfairly profiting from the brand's reputation.

6. Marketing and Advertising
   A trademark can be used in marketing and advertising to help build brand recognition and awareness. By using a consistent and recognisable trademark, businesses can help reinforce their brand and build goodwill among consumers.

Registering a business name does not prevent other businesses from using the same or a similar name

Although a business name may be registered as a trademark, merely registering a business name with the Australian Securities & Investments Commission (ASIC) is not the same as owning a registered trademark. A business name is not a legal protection in itself, and it does not provide the same level of protection as a registered trademark.

How we can help

• Provide you with experienced legal advice on intellectual property law, including trademark advice and registration
  Navigating the complexities of trademark law can be challenging, which is why seeking the assistance of experienced lawyers is important.
  

• Help you apply for a registered trademark
  Our lawyers can help you with every step of the process, from conducting a comprehensive search to determine if your proposed trademark is available to registering and protecting your trademark. We can also help you assess the strength of your trademark, identify potential infringement risks and advise you on how to maximise the value of your intellectual property.
  

• Our lawyers can also assist your business in resolving trademark disputes
  Whether you need to enforce your trademark rights against infringers or defend against allegations of infringement, we have the expertise and experience to help you achieve the best possible outcome. We can represent your business in negotiations, mediation and litigation, helping you to protect your brand and intellectual property. We can also help you manage disputes outside of the courtroom, including through alternative dispute resolution methods such as arbitration and mediation.

Contact our Commercial Law team on 03 9550 4600 to learn more about how we can help your business with trademark advice, registration and dispute resolution.