What are my rights as a holder of a registered trade mark?

Initially a trade mark 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 trade mark to be registered indefinitely.

As a registered trade mark holder you have the right:

1. to obtain a court order (injunction) to stop a competitor unlawfully using (infringing) your registered trade mark
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 trade mark, in return for licence fees, royalties, or other payments
3. to sell your trade mark
4. to give your trade mark away in your will
5. to mark your trade mark with the ® symbol to indicate that the trade mark is registered (someone who does so without having a registered trade mark commits an offence).

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