General Information for Clients
Trade Marks
A trade mark is a mark that distinguishes the owner's goods and services from another trader. A trade mark may be represented in the form of a word, logo, device, shape, sound or smell. A trade mark serves as a strong marketing tool which identifies the image and quality associated with the mark.
A registered trade mark gives the owner the legal right to use, license or sell it within Australia for the goods and services for which it is registered. The mark remains enforceable so long as certain statutory requirements are met such as payment of renewal fees and compliance of continuous use of the mark.
Registration of a trade mark gives the owner the right to restrain the infringing use of deceptively similar trade marks by others for the goods and services registered and, with some exceptions, for similar goods/services, and to gain compensation.