Common Law Trademark vs Registered Trademark

Author: Ian Aldridge, Progressive Legal

Have you ever wondered what sets a registered trademark apart from a common law trademark? On this page, we’ll discuss the crucial differences between common law trademarks and registering trademarks with IP Australia.

What is a common law trademark?

A common law trade mark is an unregistered trade mark which builds up rights by the use of your brand whereas a registered trade mark gives you total protection against potential trade mark infringement.

Assuming enough use has been made of your common law trade mark to be able to distinguish the goods/services from other businesses, you may be able to prevent another trader from using the same or similar mark. However, there is no guarantee.

At Progressive Legal, we understand the importance of protecting your business’s intellectual property. As experienced trade mark lawyers, we recommend registering your trade mark as a business owners.

Why should you register your trade mark instead of keeping a common law trade mark?

If you have a registered trade mark you have the exclusive right to use it and license others to use the mark.  You can also stop unauthorised use of the same or similar mark, which without trade mark registration would otherwise be a very timely and costly exercise.

This is why obtaining a registered trade mark is the only way to ensure your business and brand is secure. Find out more about Australian trademark registration here or make an enquiry below to get in contact with our experienced trade mark lawyers.

Need Trade Mark Registration Help?

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