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Home What is a Trademark? Why Register A Trademark?

Why Register A Trademark?

If you register a trade mark, you obtain exclusive rights to use that trade mark in relation to the goods and/or services you provide. The only way to obtain these exclusive rights is through registration.

By registering your trade mark, you remove the possibility that your competitors can get away with copying your business symbols or name. Your registration will generally give you a right to sue the competitor for damages.

A successful registration will give you exclusive rights in relation to your trade mark for 10 years, which may be renewed.

The ® symbol (the “registered trade mark 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 marks are an essential business asset. In the market place it is imperative that you not only choose an appropriate business name and trade mark but also that you protect it.

If you own a trade mark you may be able to stop other people using the same or a similar trade mark.

Trade marks provide the following benefits:

  • The proprietary right to use that trade mark for a period of 10 years;
  • The exclusive right to prevent others from using that trade mark or a trade mark substantially identical or deceptively similar to it;
  • A valuable asset capable of being sold, assigned or licensed;
  • An indispensable connection between you (as the proprietor of the goods or services) and the market place.

Gibsons - Protecting Rights and Reputations

Practising and Specialising in all Litigious and Non-Litigious aspects of Intellectual Property, Media, Entertainment, Business and Information Law (including Defamatin, Invasion of Privacy, Media Reporting Restriction, Social Media and Family Law Disputes). Enter