|
Infinite Solutions® |
|
Yes. A registered trade mark gives rights nationally to the owner of the mark. The use of company, business or trading names can be an infringement on the rights of a registered trade mark. |
|
No. Only a registered trade mark gives you these rights. |
|
Yes. Nearly all businesses use a trade mark. |
|
Frequently Asked Questions |
|
A trade mark, (often referred to as a trade name or brand) is a word, name, picture, logo, sound, smell, shape, aspect of packaging, or a combination of any two or more of these items, which is used in relation to goods and/or services. |
|
Q. What is a trade mark? |
|
Q. Do I have a trade mark? |
|
Q. Doesn’t my company and/or business name give me the right to use the words as a trade mark? |
|
Q. Can the use of my company, business or trading name infringe on a registered or applied for trade mark? |
|
No. Most businesses spend more money on having their logo (trade mark) designed than it costs to register and protect it as a Trade Mark. Plus, a registered trade mark can be a real asset when selling a business or company. |
|
Q. Isn’t it really expensive? |
|
The registered owner of the trade mark may use the ® (Registered symbol) next to your trade mark once it is registered. If your trade mark is registered overseas but not in Australia, you can also use the symbol, but you need to show the country of registration close to it. Anyone can use the ™ symbol, however, it indicates that the trade mark is not registered. |
|
Q. Who can use the ® or ™ symbol? |
|
Yes, it is an offence - see section 151 of the Trade Marks Act 1995. |
|
Q. Is it an offence to use the ®, if your trade mark is not registered? |
|
No, however there is a penalty if ® is used on an unregistered trade mark. |
|
Q. Is there a penalty if the letters ™ are used? |
|
Mark Wells Trade Marks Principal Consultant Bh: 02 6382 7415 Mob: 0412 126 489 |
|
Trade Mark Services contact |