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. There is no guarantee though.
If you have a registered trade mark you have the exclusive right to use and license to 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.
Obtaining a registered trade mark is the only way to ensure your business and brand is secure!
Check out how to register a trade mark in Australia.
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