Legal Services

Whether consciously acknowledged or not, trade marks are an integral part of everyone’s daily interactions. The term trade mark essentially means brand. As customers engage with your business, your brand serves as their primary point of contact and their purchasing decisions are influenced by the reputation the brand represents. So, it is essential you protect your brand and the value that lies with it.


Why Bother with a Trade Mark?

A trade mark is a type of intellectual property. It can be a word, a phrase, an image, or even a combination that makes your business unique. Think of them as your brand’s superhero cape, granting you the power to stand out in the competitive marketplace.

Registering a trade mark provides peace of mind for your brand. IP Australia has stated that businesses with registered trade marks are 13% more likely to experience growth. Why? Because trade marks influence how people buy. Your brand isn’t just a logo, it’s a promise of quality, trust, and uniqueness.

Think of Apple – that half-eaten fruit is more than just a logo, it’s a symbol of innovation and style. Trade marks transform your brand into a legend that customers recognize and trust, whether they’re scrolling through Instagram or wandering the aisles of a store.


Legal Reasons to Trade Mark

  1. Exclusive Use
    A trade mark legally protects your business’s unique brand, products of services. When you register a trade mark, you secure the exclusive right to use that particular mark for specific goods and services. This means you have the authority to take legal action against any unauthorised use of your trade mark by others and to seek compensation for any damages your business may have incurred due to the misuse of your trade mark.Imagine someone employing your business logo to promote their own inferior products or services. Such actions could potentially mislead your customers into believing they are engaging with your offerings. This has the potential to tarnish your reputation. Opting not to register your trade mark means you have no legal recourse in this instance.
  2. Authorising Use
    Another legal benefit derived from registering a trade mark lies in your ability to create licenses for its usage. A trade mark license allows you to charge third parties for utilising your trade mark. This presents a valuable avenue for diversifying your revenue streams while simultaneously expanding the reach of your brand.
  3. Avoid Infringing a Competitors Trade Mark
    Engaging in thorough research and pursuing your own trade mark registration is a strategic move to shield your brand and business from inadvertently using another entity’s trade mark. This proactive step is paramount, considering that IP Australia’s findings indicate a staggering 48% of small businesses encounter the need for rebranding due to contested trade mark infringements.Further a survey of global brands found that 75% of trade mark infringements violations lead to complex and expensive legal proceedings that, on average, resulted in costs of $100,000. So, it can be costly mistake to not trade mark your business.


To Trade Mark or Not

Surprisingly, the number of small businesses in Australia with registered trade marks remains below 4%, according to IP Australia. Businesses opting not to register a trade mark may be missing out on numerous benefits not limited to those mentioned here.

  1. An Asset
    Trade marks embody a form of property akin to real estate. A trade mark isn’t just a logo, it’s an asset. As your business grows, so does the value of your trade mark. Additionally, as you own it, you can sell it. They are capable of being acquired, sold, licensed, or even employed as collateral to secure loans for business expansion.
  2. Easy to Differentiate
    The marketplace landscape is often saturated, making it challenging to set your business apart from competitors. Trade marks and brands function as potent communication tools that capture customer attention and differentiate your business, products, and services.

Upon encountering a trade mark, customers swiftly discern your identity, the reputation associated with your business, and are inclined to explore alternatives less frequently. Your brand could essentially serve as the pivotal factor influencing a customer’s purchasing decision, emphasising the pivotal role trade marks play in shaping consumer choices.

  1. Building a Dream Team
    Brands with strong trade marks have the ability of attracting and keeping top-notch talent because employees naturally gravitate towards brands they respect and feel a connection with. Your brand’s trade mark isn’t just a logo, it’s a cheerleader for your team. If it can bring out positive feelings and attachment to the brand, it makes your business a more appealing place to work over competitors.

Research from IP Australia shows that small businesses that register for trade marks are 16% more likely to enjoy strong employment growth. What’s more, small businesses owning trade marks also hire around 3.5 times as many employees as their non-trade mark peers. They also pay a better median wage. Building a strong workforce and growing your business is all in the power of owning your brand’s mark.

  1. Don’t Expire
    Lastly, trade marks never expire so long as you continue to pay the renewal fees every 10 years in Australia. So, you have nothing to lose other than protecting your business and brand by registering a trade mark.

Understanding why trade marks are valuable assets and how they contribute to growth is crucial for businesses. Trade mark registration entails more than a superficial logo. It encapsulates a business’s core, its values, and its distinct promise to consumers. Armed with this comprehension, enterprises can unlock the full potential of trade marks, surging ahead in the competitive arena while establishing a recognisable and legally protected niche.


Lawyer Geelong

 If you require assistance of have any further questions about registering a trade mark, our experienced lawyers can assist you and answer any questions you may have.

The expertise and experience of our Geelong Lawyer team at The Hrkac Group can help you regarding registering a trade mark for your business. If you need assistance or advice, please get in touch. To make an appointment to meet with one of our friendly Geelong Lawyers,  contact us via email, or phone (03) 5224 2366.


Liability limited by a scheme approved under Professional Standards Legislation.