One Federal Court decision clarifies what is considered as “authorised use” of a trade mark wherein the trade mark user is not the trade mark owner but a subsidiary of the owner’s company.
Benefits of Trade Mark Registration
Trade mark registration provides important advantages over unregistered trade marks.
Intellectual property ownership
A registered trade mark grants the owner exclusive rights to use the trade mark as a badge of origin of the goods and services in respect of which the trade mark is registered. A trade mark is a form of personal property with a corresponding value. As the relevant product or service grows in recognition, so does the value of your trade mark.
Leveraging your registered trade mark
A registered trade mark is an intellectual asset. Importantly, as a form of personal property, trade mark assets can be licensed or sold to a third party or even inherited. Read more…
A registered Australian trade mark is enforceable throughout Australia. The trade mark owner is advantageously positioned to stop another party from unauthorised use of the trade mark in relation to the goods and services in respect of which the trade mark is registered. Registration means that the owner of the trade mark does not have to provide proof of business reputation of the owner or deception by the infringing party. In addition, the trade mark owner can have the Australian Customs Service issue a seizure notice to the infringing party. Enforcement of trade mark rights can be carried out in the Federal Circuit Court or the Federal Court.
In Australia, registration means that the trade mark can be marked ®, meaning registered, as opposed to ™, which is used to indicate that the trade mark is claimed but not necessarily registered. The ® label can also be effective as a deterrent to other parties who may be considering using a similar trade mark.