A strong brand can help your manufacturing business differentiate itself from its competitors, build customer loyalty and promote brand recognition. It is crucial for business success and is likely one of the most valuable assets that your business owns.
It is therefore extremely important that your brand is protected.
The most effective way to do so is to register your brand as a trade mark.
What is a trade mark?
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 one person from those of another.
Most often, businesses register a trade mark (or trade marks) to protect their business name and/or logo, but you can also seek trade mark protection in respect of other phrases, words and letters, and even colours, sounds, smells, movements, or aspects of packaging.
This is subject to the trade mark being distinctive and not substantially the same or deceptively similar to any trade marks already existing in the market.
A registered trade mark is distinct from a registered business name
A common misconception amongst traders is that by registering a business name, that name is protected. However, this is not the case. A registered business name does not give you any rights whatsoever in the name.
A registered trade mark however, gives you the exclusive right to use the trade mark in Australia in respect of the goods and services for which it is registered. If registered, those exclusive rights could continue indefinitely as you can renew your trade mark registration every 10 years, provided your trade mark is still in use by you or under your control and license.
Why you should register your trade marks
Beyond the rights to exclusive use, there are a number of other reasons why you should seek to register your trade marks, including:
- Efficiency in protecting against infringement — registration puts you in the best position to defend your trade mark against infringement as you can stop other traders from registering and/or using a mark that is substantially the same as, or deceptively similar to, yours.
- Adding value to your business — registered trade marks are assets that can be licensed and sold for significant value. Also, registered trade marks can add value to your business in the context of a proposed sale of the enterprise.
- Defending claims of trade mark infringement — a registered trade mark provides for a powerful line of defence against any claims from third parties that you are infringing their rights.
Contact us
If you need assistance in registering for a trademark or protecting your brand, please contact Ian Rosenfeld, Partner, or Brighid Virtue, Associate, in our Intellectual Property team.
For assistance with other legal matters relating to your manufacturing business, please contact Julie Callea, Lead Partner of our Manufacturing group.
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