Category Archives: news

How Long Does It Take To Register A Trademark?

Category: Trademark Information

The trademark registration process generally takes a minimum of 7-8 months from the date of filing. In some countries the timeframe can be much longer. Timing varies from country to country, but you can expect that it is certainly not a quick process. Factors That Affect The Time To Register A Trademark Cathy* came to The trademark registration process generally takes a minimum of 7-8 months from the date of filing. In some countries the timeframe can be much longer. Timing varies from country to country, but you can expect that it is certainly not a quick process.Can I just have a brand name without a trademark? If I choose a name, may I just use it without trademark registration?

These questions have a ‘Yes’ answer – but with a caveat.

If you do this, you run the risk of using a brand that someone else has already registered, so you could be sued for trademark infringement and even lose your business. Or you could establish the business through years of hard work, only to see one of your competitors copy your brand.

It would then be up to you to prove that you had sufficient reputation in the brand to stop the competitor from using the same (or something very similar) because it was causing confusion in the marketplace.

What Happens If I Don’t Register My Brand As A Trademark?

Category: Trademark Information

Don’t forget to register your brand as a trademark to ensure you are fully protected. Read about Alison who was using a brand name that was taken off her.Can I just have a brand name without a trademark? If I choose a name, may I just use it without trademark registration?

These questions have a ‘Yes’ answer – but with a caveat.

If you do this, you run the risk of using a brand that someone else has already registered, so you could be sued for trademark infringement and even lose your business. Or you could establish the business through years of hard work, only to see one of your competitors copy your brand.

It would then be up to you to prove that you had sufficient reputation in the brand to stop the competitor from using the same (or something very similar) because it was causing confusion in the marketplace.

Comparing Trademark Registration With Non-Registration

Category: Trademark Information

No proprietary rights in the name Full proprietary rights including the right to sue, licence or sell the trademark Business name/company registration required to be renewed at regular periods, paying additional fees each time Trademark registration period is for 10 years with no further fees payable until the end of that
No proprietary rights in the name Full proprietary rights including the right to sue, licence or sell the trademark
Business name/company registration required to be renewed at regular periods, paying additional fees each time Trademark registration period is for 10 years with no further fees payable until the end of that period, then a renewal fee needs to be paid
Has value only as part of the business/company as a whole Trademark can have its own value which can be sold or licensed/ franchised separately
Business name registration now Australia-wide but similar names can coexist in the marketplace Trademark registration is Australia-wide – exclusive rights to the same or similar name in your industry
If action is taken against someone using the same (or a similar) trademark, evidence is required to support such action and is time-consuming and expensive Action can readily be taken for infringement of a registered trademark that is the same or similar in your industry