legal clique mark isn ' t being used by you ( or an authorised user ).
legal clique mark isn ' t being used by you ( or an authorised user ).
WHY SHOULD I GET A TRADE MARK ? There are two main reasons as to why getting a registered trade mark is highly recommended for every business :
1 ) You obtain a monopoly on the use of that brand in Australia – this means that none of your competitors can use that brand ( or a similar brand ) in relation to the provision of the same goods or services as those that you provide . In short , this will ensure that all the money and effort you put into the establishment of your reputation will be retained in your brand for your businesses sole benefit .
2 ) A registered trade mark is a complete defence to trade mark infringement allegations by third parties . This can save you considerable legal fees involved in establishing your right to use your trade mark . A registered trade mark can cost you as little as $ 1,430.00 ( all inclusive ) to secure a monopoly on your brand for ten years ( with the ability to renew it indefinitely for additional periods of 10 years ). When this is compared with defending a trade mark infringement action , which could set you back in excess of $ 100,000.00 and potentially result in you having to adopt a new brand , it is evident a registered trade mark is the best " insurance policy " protecting the goodwill and reputation of your business ( and / or products / services ).
WHO SHOULD SEEK REGISTRATION OF A TRADE MARK ? All business owners should secure registration of their brand and their product ' s / service ' s brands / labels as trade marks . However , due to a recent decision of the Federal Court of Australia in Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd - [ 2017 ] FCAFC 83 you must ensure the correct entity files your trade mark application or it can be declared invalid – an intellectual property law expert can assist you in determining the correct filing entity .
Trade marks serve an extremely important function in securing you exclusive rights to use your trade mark , and thereby distinguish your business , products and services from those of your competitors . It is vital to ensure your trade mark protection is done properly by an intellectual property law expert . This will ensure you secure the correct protection and avoid being involved in unnecessary and costly legal proceedings .
This article was written by Intellectual Property specialist Mark Metzeling , Special Counsel at Macpherson Kelley
AUTHOR Mark Metzeling Special Counsel MACPHERSON KELLEY CONTACT 07 3235 0402 EMAIL mark . metzeling @ mk . com . au WEBSITE mk . com . au
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