Business trademarks are an all important part of your brand protection. Filing an application for trademark registration is the first step and once your trademark is registered in Australia you may not think about it again, but there are some things that you should keep in mind, such as:
Renewal period
Once your trade mark is registered you will need to ensure that you pay your renewal fees to IP Australia every ten years to ensure that it is not cancelled.
Using your business trademark in countries outside Australia
Registering your business trademark in Australia only allows you to use the symbol within Australia. By using the trademark elsewhere you may be infringing someone else’s rights, as your trademark may well be registered in other parts of the world to someone else. Separate trade mark registrations will need to be filed for other countries where you wish to use your trademark.
Business changes names or moves premises
If your business changes its address you need to record this on the Trade Marks register, this same rule applies for changes of name too – for instance if you marry and change your surname you will need to record a change of name.
Business changes owners
If you are selling your business to someone else you can assign your trade mark registration to them, however it is a legal requirement to record this transfer of ownership on the Trade Marks Register. To do this you will need to have a Deed of Assignment (or other relevant document which records the transfer) along with an application to record the new details on the Register.
Franchising your business
If you are considering franchising your business you will need to authorise others to use your trademark. It is recommended that you have a written agreement for this authorisation. There are costs involved with doing this so you should look at employing the services of an intellectual property specialist who will be able to assist you with your questions and ensure that you are going about things the ‘right’ way.
These are just some of the things to bear in mind when you have a business trade mark registered in Australia. If you have any doubts about how you are using your trademark or whether you need to do anything further take a look online for specialist services and save yourself time and money!
