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