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Unregistered or Registered Trade Marks?

Unregistered or Registered Trade Marks?

Trade marks are a form of intellectual property protection your business can rely on to distinguish yourself from your competitors. Likewise, you can use trade marks to clearly differentiate your goods and services from your competitors.

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Trade marks can be both registered and unregistered. However, you will see that there are major benefits to registering your trade marks. This article will compare unregistered and registered trade marks, and explain the benefits that a registered trade mark offers.

Is a Registered or Unregistered Trade Mark Better? 
How much will your brand benefit from the added protection of trade mark registration? Consider if it is worth the time and money or whether having an unregistered trade mark is sufficient. Trade mark registration is one of the most crucial legal decisions you will make when launching a new brand.

Australia’s trade mark registration system allows businesses around Australia to protect their unique brands from copycats and other infringing users. Before we discuss the suitability of registered versus unregistered trade marks, we need to consider what a trade mark is. Trade marks are a sign that help your customers identify or distinguish your business’s products or services from your competitors. Your business’s brand kit likely contains several trade marks. Trade marks can include words, logos, colours or symbols, just to name a few. 

Registered trade marks are those that IP Australia has approved and now appear on a publicly visible register. The owner of the trade mark now has exclusive rights pertaining to the trade mark. These exclusive rights are discussed in greater detail later on. 

However, trade marks exist whether you register them or not. Upon creating a business, your business’s name, logo or any other unique identifiers are considered trade marks. This is provided you use these identifiers as trade marks.

Unregistered trade marks, unsurprisingly, will afford fewer rights and fewer protections over the mark(s) than you would have if you were the owner of a registered trade mark. If you fail to register your trade marks, you place your business in considerable jeopardy. Your competitors could copy, use and even register your unregistered trademarks as their own.

Benefits of Registering Trade Marks 
Upon your trade mark’s official registration, your business receives a valuable asset. This asset will only increase in value as your business grows. Notably, you gain an exclusive right to use your trade mark and the legal authority to prevent others from using it.

1. Exclusive Rights 
By registering your business’s trade marks, you exclusively benefit from certain rights. These rights include the right to: 

use the trade mark in connection with the goods or services for which they are registered; 
let others use your trade mark; 
be compensated if someone breaches your exclusive rights; 
licence your trade mark; 
sell your trade mark; and 
authorise the use of your trade mark as you see fit. 
These exclusive rights are limited to your Australian business for the goods and services you specified in your trade mark application. Investors and potential buyers highly value the exclusive rights conferred by registered trade marks. As such, you as a business owner, have a financial incentive to register your business’s trade marks.

2. Protection Against Copy-Cats 
The main reason why trade mark registration is so attractive is that it dramatically reduces the likelihood of another business using your brand, or a mark that is confusingly similar, as its own. IP Australia, in assessing trade mark applications, will reject an application of a mark that is identical or similar to another registered trade mark. In making this assessment, trade mark examiners will consider the classes under which it is registered.

Running a Business With Unregistered Trade Marks  
If you’re willing to risk it all and operate your business using unregistered trade marks, you should understand the kind of damage you could be doing to your business’s goodwill. It is not unheard of for competitors to search the register to check whether or not your trade marks are registered, and upon discovering that they are in fact unregistered, seize the opportunity to register them before you. 

Upon discovering that another identical or similar business is operating with your trade marks, you will probably want to stop this competitor from carrying on operating the business. However, since your trade marks are unregistered, you will find it very difficult to do anything about the competitor, unless you’re willing to engage in lengthy legal proceedings. 

Despite your prior use of the trade mark, the Courts will usually look more favourably upon the registered trade mark against the unregistered trade mark. However, this is not always the case, especially if you are able to show that through your prior use of the mark, your business has attained a reputation in connection with the trade mark, and that the public would normally associate the trade mark with your business.

Key Takeaways 
Trade mark registration is a valuable IP and brand asset for any business. If your trade mark is registered, you are afforded with legal rights to protect your trade mark and to decide who can use your trade mark. You can also enforce your trade mark rights by taking action against another trader that might be copying your brand. Without trade mark registration, this is difficult to do. 

 

 

 

Mariah Saad
February 12, 2024
legalvision.com.au

Mario Chiodo

Mario Chiodo (CPA)

Having a wealth of knowledge and experience in public practice, before founding his own firm in 1985, Mario is a seasoned Partner and leader of the CP Partners team. Mario’s role over the years has been pivotal in guiding clients through complex financial landscapes and ensuring their success. He is committed to delivering high-quality service, fostering strong, long-term client relationships, and provides the CP team with strategic guidance and support. Mario is the office coffee machine’s biggest fan (it’s never too late for an espresso)! Outside of work, Mario enjoys gardening, spending quality time with his family and dog Marlie, and when the season is right, you’ll find him mastering homemade wine and smallgoods!

John Capuana

John Capuana (CPA)

John joined CP Partners back in 1997. In his role as Partner, he provides fundamental advice to clients, ensuring effective communication with both clients and the CP team. John values the long-term relationships he’s built with clients and the positive impact made by working together. His extensive experience in public practice has shaped his approach, allowing him to leverage lessons learnt throughout his career. John is a master of the lunchtime AFL quiz, and on weekends, he enjoys spending time with his family and granddaughter, hitting the golf course, and supporting his beloved Cats at AFL games in Geelong.

Alf Magnano

Alf Magnano (CPA)

In his role as Partner, Alf dedicates his efforts to guiding clients to achieve their business and financial goals in a way that is most beneficial for them. He particularly enjoys being available to provide support to clients as and when needed, always going the extra mile to help! Beginning in 2000, his journey with CP Partners has allowed him to refine his skills. He often mentors the CP team is various areas, helping to shape the next generation of accountants. Out of the office, Alf indulges in his passion for trekking through jungles in search of elusive plants, combining adventure with his love for nature. We have Alf to thank for the beautiful greenery spread throughout the CP office!

Gagan Bijan

Gagan Bijan (CA)

As the Finance Manager at CP Partners, Gagan’s day-to-day responsibilities ensure that internal finances are meticulously managed and under control. He thrives in his role as it allows him to leverage his expertise in financial management whilst continuing to widen his knowledge. Gagan has been instrumental in implementing key initiatives at CP Partners such as budgeting tools, software updates, and policy development. He remains our in-house IT expert! In his free time, Gagan enjoys watching soccer and barracking for India in the cricket.

Ruba Marcus

Ruba Marcus (CA)

Ruba is CP Partners’ inaugural Manager of Client Operations, which sees her managing the team budget and coordinating workflow each day. She is also a Senior Business and Tax Adviser and a member of Chartered Accountants Australia and New Zealand (CAANZ). Ruba is passionate about supporting our clients to achieve their business and financial goals as well as helping all CP team members develop and grow to fulfil their potential. Ruba has a wealth of knowledge, and enjoys taking on new challenges, having worked on businesses of all sizes and SMSFs for over 18 years! Outside of work Ruba loves spending quality time with her family.

Adam Gulliver

Adam Gulliver (CPA)

Adam is a senior accountant at CP Partners, dedicated to achieving the best outcomes for clients by providing valuable advice. He enjoys working with a diverse range of clients - striving to build strong relationships with each of them. He also takes pride in sharing knowledge to help the rest of the CP team learn and grow. Adam’s role has recently developed into the (self-appointed) president of the CP Partners ‘Social Club’, where he helps to organise team lunches and events! On the weekends, you’ll find Adam on the sidelines as an Interchange Official at AFL games. He has been a dedicated North Melbourne member for over 40 years! Adam appreciates a nice glass of wine and enjoys travelling, with plans to explore more of the world soon!

Geena Chiodo

Geena Chiodo (CPA)

Geena joined the CP Partners team in 2019, bringing 4 years of experience from various accounting roles within the construction industry. She is a member of CPA Australia, an Excel whiz, and has evolved into CP Partner’s go-to expert for all things Xero. Geena has a strong attention to detail and a passion for problem solving and teaching new skills to other team members. She finds great satisfaction in building strong client relationships and being their trusted point of contact. Out of the office, Geena enjoys travelling with her partner to sunny destinations, getting lost in a good book, supporting Collingwood at AFL games, and spending time with family, friends and her dog Marlie.

Sudath Dissanayaka

Sudath Dissanayaka (CA Provisional)

As an accountant at CP Partners, Sudath enjoys collaborating with the team and working on a diverse range of clients. He has a passion for continuous learning and relishes the dynamic nature of tax that ensures each day is unique! In the office, you’ll find Sudath mastering new software with ease and always excited to take on a new challenge. Outside of work, Sudath is a keen car and Lego enthusiast. He enjoys spending time with his family, his two Golden Retrivers, and baby daughter.

Navdeep Singh

Navdeep Singh (CA)

With over 17 years of experience in accounting, auditing, and taxation, Navdeep brings a wealth of knowledge to his role as Team Leader of CP Partners’ Indian team. His day-to-day responsibilities include managing workflow for his team and working on accounting and compliance for various sized clients. Navdeep has fantastic analytical skills and is an instrumental part of the CP team. Outside of work, Navdeep enjoys listening to good music, and on the weekends, you’ll find him playing local cricket.

Sahil Arora

Sahil Arora (CA)

Sahil’s journey with CP Partners began in 2022 when he joined as an accountant within the Indian Team. His day-to-day responsibilities involve working on accounting and compliance for individuals and businesses of all sizes. Sahil is a hardworking and reliable team member, who enjoys taking opportunities to deepen his technical knowledge. He has a calm and composed demeanour, which enables him to handle challenges and pressure situations with ease. Outside of work, Sahil enjoys practising yoga, watching cricket, and playing when he can too!

Elizabeth Magnano

Elizabeth Magnano

Liz joined CP Partners in 2016 and brings with her over 25 years of experience in delivering administration services for various accounting and financial planning firms. Liz remains focused on enhancing client services and providing timely advice and support to clients. She finds it most satisfying helping clients to achieve their financial objectives. Liz is an instrumental leader of the client services team, always going the extra mile to provide client support. Outside of work, Liz is a passionate Carlton supporter in the AFL and enjoys following the Australian cricket team.

Anna Atar

Anna Atar

Anna has been a valued member of the CP Partners team since 2001, bringing over 25 years of experience to her role. Throughout her tenure, she has embraced the evolving landscape of the accounting industry, dedicated to helping clients navigate changes. You’ll see Anna at the front reception desk, cheerfully greeting clients as they arrive. She takes great pleasure in interacting with clients and is an integral part of their journey as they achieve their financial and life goals with CP’s guidance. Outside of work, Anna enjoys gardening and cherishes spending time with her family, particularly since the arrival of her grandson.

Suzie Vasileski

Suzie Vasileski

Suzie joined CP Partners in 2022 as administration support, marking her first role at an accounting firm. Since then, she has become an integral part of the client services team, always happy to assist clients with their queries both on the phone and in person. Suzie's involvement in various aspects of accounting work means she discovers something new every day! Her enthusiasm, dedication, and clear communication style makes her a cherished member of the team. On the weekends, Suzie enjoys spending time with family, travelling around Australia and overseas, and eating out at beautiful restaurants!

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