There is a formal registration requirement and your registration of trade mark in Australia only affords you protection in Australia. It is important to consider registration in other jurisdictions if you are involved in business overseas.
If you have used your trade mark for a long time and have developed a reputation in the market, it may be possible to take action for infringement of your trade mark, even if your trade mark has not been registered. It is strongly advisable, however, to register your trade mark in order to avoid dispute as to who has the right to use the trade mark and to avoid going to court.
If you would like further information about how to register your trade mark, in what classes or jurisdictions should you register your trade mark or any other queries in relation to your trade mark, please contact our Commercial Law team.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Mitchell is the Managing Principal of our law practice.
He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.