How to register a Trademark?
In order to have the benefits of a registered trade mark, an Applicant must file an Application with the trade marks Office (TMO), in accordance with trademark & IP law, based either upon the Applicant’s intention to use that trade mark or on the Applicant’s prior use of the trade mark in trade and commerce. You should note the following:
- Trade mark registration provides an applicant with exclusive rights to use that trade mark in relation to the goods and services applied for. Registration is the only way to gain that protection!
- The use of a registered trade mark removes the ability for an infringer to claim “ignorance” as a defence. Any infringing use of a registered trade mark provides a prima facie right for the owner to sue for infringement of its trade mark.
- Registration of a trade mark may also prevent you from a third party using that trade mark as a domain name.
- The ® symbol is only able to be used in respect of registered trade marks. It is unlawful to use the ® symbol for an unregistered trade mark.
- Trade mark registration provides the trade mark owner with exclusive rights for a period of 10 years. If an infringement of a registered trade mark occurs a successful applicant may be entitled to statutory remedies including damages, legal costs and interest.