What Is a Trademark? Why Should I Register One?

importance of a trade mark attorney

What is a Trademark?

According to the Australian TRADE MARKS ACT 1995 – SECT 17,

“A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.”

This basically means any word/s, logo, image, colour, sound, shape or smell (or combination of these things) that you are using as a brand for your product or service; the ‘badge of origin’ that tells consumers and others the product or service comes from your business and not from somewhere else. It will be more difficult to register your trademark if it is generic, descriptive or in conflict with earlier trademarks.

Why Should I Register One?

There are a lot of benefits to registering your trademarks, which include rights in that brand or trademark that you don’t have otherwise:

  1. You are granted the right to use your registered trademark for its associated goods/services; without trademark registration you do not necessarily have the right to use your distinctive signs (including business names, company names and brand names) and may inadvertently infringement
  2. You are granted the right to authorise the use of your registered trademark to others, such as in a licensing arrangement or franchise situation; and
  3. You are granted the right to stop others from using your registered trademark (or a trademark closely resembling your registered trademark) for similar goods/services. Again, without registering your trademarks it can be challenging, and often more costly, to stop infringers from trading off your brand and reputation.

More Information?

If you are interested in protecting your brands, names and logos we would love to assist. You can read more about the Australian trademark registration process, or simply fill in the form below and we will get back to you promptly.

Jacqui Pryor

Jacqui is a registered trade marks attorney with the Trans-Tasman IP Attorneys Board and is the founder and owner of Mark My Words Trademark Services Pty Ltd.

After being introduced to the world of trade marks in one of her first jobs after high school, Jacqui discovered she had a deep passion and interest for all things to do with protecting brands and intellectual property. She completed a Graduate Certificate in Trade Mark Law and Practices as well as a Diploma in Business Management and then set up her own business in 2011.

Her motivation for starting Mark My Words was to support SMEs which typically couldn’t afford such a service and while the company has grown in both size and reputation over the years, she has remained true to her founding principles of providing professional, friendly, reliable and affordable trade mark services to all.

Mark My Words now has a client list that spans businesses of all sizes across a range of industries. It provides advice and assistance on all types of complex trade mark registrations, infringements and opposition matters both in Australia as well as overseas.

Jacqui’s wealth of experience, broad range of professional qualifications and her ongoing participation in industry forums and networking platforms keeps her at the forefront of developments in the global trade mark arena. Her expertise in her field has also led to several nominations as a top individual trademark attorney by the World Trademark Review - the world’s leading trademark intelligence platform.

To keep up to date with the latest in the field of trade marks, follow Jacqui and MMW Trademark Services on Facebook.

Free Trademark Search

  • Fill in the form below and we’ll email your search results

  • This field is for validation purposes and should be left unchanged.

Free Trade Mark Search

The Free Online Trade Mark Search is conducted in Australia.

Jacqui Pryor
Get Started
Google Rating
Based on 33 reviews