Hi there. A trade mark is a right that is granted over a word, phrase, letter, shape, logo or picture used to represent the products or services of a business. It is used to distinguish a business from its competitors. A registered trade mark gives the business exclusive rights to use the trade marks in Australia for commercial purposes, sell the rights to the trade mark to another business, and protect the trade mark if others try to use it. For these reasons, trade marks (like all types of intellectual property) are a valuable asset for a business.

You need to be careful that your business operations do not infringe the intellectual property rights of others. If you use a word, phrase or logo that is the same or similar to an already registered trade mark, you run the risk of infringing the intellectual property rights of that business. If this occurs, the other business (including those located overseas) can take legal action against you to stop the continued use of the trade mark and/or pay compensation for any loss that business had suffered.

To find out if another person or business has already registered a particular trade mark, you can search the free databases provided by IP Australia (www.ipaustralia.gov.au). Note, however, that conducting a thorough search is not a simple task. You need to consider different classifications for trade marks, review visual representations of certain words or phrases, and consider rules about surnames. Furthermore, the databases provided by IP Australia only relate to Australian registrations, so will not necessarily return results for trade marks registered in other countries.

Suggested way forward

Ensuring your business operations do not infringe another person’s intellectual property will help you avoid financial risk. You would benefit from speaking to an intellectual property lawyer who can provide expert assistance with searching for similar trade marks and registering your own. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.