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What are my rights as a holder of a registered trademark?

Initially a trademark is registered for 10 years.

Registration can be renewed for successive 10 year periods, subject to the payment of renewal fees. As there is no limit to the number of renewals, it is possible for a trademark to be registered indefinitely.

As a registered trademark holder you have the right:

  1. to obtain a court order (injunction) to stop a competitor unlawfully using (infringing) your registered trademark
  2. to grant a licence to another person (e.g. in other parts of Australia, in other industries, or in other countries) to use your registered trademark, in return for licence fees, royalties, or other payments
  3. to sell your trademark
  4. to give your trademark away in your will
  5. to mark your trademark with the ® symbol to indicate that the trademark is registered (someone who does so without having a registered trademark commits an offence).

If you use an unregistered trademark, you cannot use the ® symbol; however, you can use the ™ symbol.