Registered Trade Marks Attorneys
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IP Society of Australia & NZ member
| Registered Trade Marks Attorneys & IP Society of Australia & NZ member |
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 10 reasons to use our company! FAQ |
FREQUENTLY ASKED QUESTIONS WHAT IS THE BENEFIT OF A TRADEMARK REGISTRATION? If you register your name and logo as a trade mark you can prevent other people using that mark for the goods and services you register it for. If you do not have a trade mark unless you have an established reputation in Australia it can be very difficult to prevent another person from using your name or logo. The costs of registering your trademark now are likely to be cheaper than the legal costs in a single claim against another party. Where you have a registered trade mark often a letter from a Trade Mark Attorney is all that can be needed to resolve a infringement matter. If you have a distinctive name, logo or slogan you can and should use a ™ symbol nearby. This represents to other parties that you use your name, logo or slogan as a distinctive trading mark of your business. However, you cannot use the ® symbol until you have a registered trademark. You may only use the ® alongside your trade mark once your trademark is registered. It is an offence under the Trade Marks Act 1995 to use the ® symbol without having a registered trademark. To register your trade mark and begin using the ® symbol, contact MacMillan Trademarks today. HOW LONG DOES A TRADEMARK LAST FOR? Once registered a trademark is initially registered for 10 years. Every 10 years a renewal fee must be paid and provided the correct fee is paid in time a trademark can last indefinitely. At MacMillan Trademarks we manage your trade mark including providing you with reminders to pay the renewals every 10 years for the life of your trademark at NO EXTRA COST. WHAT IS THE DIFFERENCE BETWEEN A TRADEMARK & COPYRIGHT? A trademark registration provides the owner with sole rights to the trademark in Australia for the goods and services which it is registered for. A trademark is an asset and can be used, licensed or sold as the owner desires. A trademark owner can legally protect their trade mark and may sue for infringement if another party uses a mark the same or similar for the same or similar goods or services. Often a letter from a Trade Mark Attorney is all that can be needed to deter an infringement. Copyright is automatic and there is no registration process as there is with a trademark. However, Copyright only covers original literary, dramatic, musical or artisit works. Copyright may protect the way an idea is expressed, not the idea itself, such as in a specific format, chart or sculpture. While making copies of copyright material can infringe exclusive rights, a certain amount of copying is allowed under fair dealing provisions. Copyright doesn't protect you against independent creation of a similar work by others. Legal actions against infringement are often complicated and expensive. If you have any further questions, would like further information or to get your trademark underway, contact MacMillan Trademarks today. |