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Trade Mark Services

Trade marks represent one of the most valuable assets any business can have. Registering your trade mark is one of the first things you should do before launching your business, new product or service

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How we help with Trade Marks

Trade marks represent one of the most valuable assets any business can have. Registration of your brand as a trademark is an important step in protecting your business because trade marks are considered legal property owned by the business.

If you are just starting out in business or have a new product or service, there is no doubt that you have spent considering time and effort in preparing the launch of your business or product. As your customers begin to value your business or products, then you begin to establish a reputation and goodwill in the market. Trade mark registration not only protects your brand but also helps you protect the goodwill and reputation you have worked so hard to develop.

While many people believe the first to use a brand or logo will provide them the exclusive rights to use that brand this may not be the case. Without effective assessment for the brand you may face legal challenges from others and be forced to withdraw your products from the market as well as pay for damaged to others who’s reputation and goodwill may have been affected by your unintentional misuse of their brand.

Registering your trade mark is one of the first things you should consider before launching your business, new product or service

IP Active’s team includes registered trade mark attorneys who can help you protect your mark both in Australia and internationally.

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Protecting your mark from miss use by others

Preventing others from using the same or similar trade mark as your own is important in protecting your business. Owners of registered trade marks have the legal right to prevent others from using the same or deceptively similar marks. Others are not allowed to use marks that may confuse consumers as the of the origin of the mark. Others can not misrepresent or passoff their products or services as yours.

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Trade Mark Searches

Before developing a new trade mark it is important to assess your capacity to use that mark. Without effective assessment for the brand you may face legal challenges from others and be forced to withdraw your products from the market as well as pay for damaged to others whose reputation and goodwill may have been affected by your unintentional misuse of their brand.

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Registration of Trade Marks

Registration of a trade mark allows protection of the name, brands and logos that a business has decided to use as a ‘badge of origin’ for the goods and services that it provides. That is, for consumers the trade mark becomes the symbol associated with the business who owns the mark. Registering your mark provided you legal protection of your mark and is one of the first things that you should do in establishing a business or product.

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International Trade Mark Registration

If you intent to export your product or have it manufactured overseas, then you should consider registering your mark in those countries. Because countries have different rules governing ownership of trade marks, it is important to apply for international trade mark registration before you begin to market your product or service overseas.

Many countries only recognise legal rights over a trade mark based on first to file or register the mark and not first to use. As an example, in China, ownership rights are only provided to those who are first to apply for trade mark registration. Unlike trade mark laws in Australia, prior use of a mark does not provide a right of protection over use of the mark in China.

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Licensing rights over trade marks

As you grow your business and products, you may set up distributors and others to promote your products or services. It is important to have the right license agreement in place to protect how your trade mark is used. In licensing of trade marks you can control not only how the mark is used, but also key quality requirements for the services and products for which the mark can be used. This is critical in helping protect your business and the goodwill you have established with consumers.

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Trade mark registration protects your brand as well as the goodwill and reputation you have worked so hard to develop. Talk to us today about protecting your business.