What are the benefits of registering a trade mark?

The registration of a trade mark confers a number of advantages over the use of an unregistered trade mark.

Ownership

You can 'own' a registered trade mark. That is, you own the right to use the registered word, phrase or letters etc. in relation to the classes of goods and services in respect of which it is registered. Registration is proof of ownership. You cannot own an unregistered trade mark.

Sale

Because a registered trade mark is an asset, you can sell it. You cannot sell an unregistered trade mark.

Gift by will

Like any other property that you own, you can make a gift of your trade mark in your will.

Licensing

You can license the use of a trade mark. Generally, it is harder to license an unregistered trade mark.

Balance sheet

Because a registered trade mark is an asset, a trade mark that is acquired can have its value reflected in its owner's balance sheet. An unregistered trade mark cannot easily be reflected on a balance sheet.

Rights across Australia

A registered trade mark operates throughout Australia. This means that when a registered trade mark owner pursues an infringer, the registered trade mark owner need not prove its business reputation across the whole of Australia, since the trade mark registration operates Australia wide.

In contrast, an unregistered trade mark user will have to prove its business reputation for each part or region of Australia in which it wants an infringer stopped.

Criminal offence

The improper use of a registered trade mark is a criminal offence, unlike the improper use of an unregistered trade mark.

Customs assistance

The owner of a registered trade mark can obtain the assistance of the Department of Home Affairs to seize foreign shipments of goods that bear fraudulent or deceptive trade marks.

Pursuit of infringers

An owner of a registered trade mark can pursue an infringer without having to prove its business reputation, or to prove there has been misrepresentation or deception.

If a user of an unregistered trade mark wants to pursue another user free riding on its reputation, it has to prove its business reputation, and misrepresentation or deception.