31 Dec The importance of having a registered trade mark
You can only sue for Trade Mark Infringement, if you’ve got a registered Trade Mark.
We’re talking today about trade marks and how important having a registered trade mark is for your business.
One of the things that someone said to me the other day was that you can only sue for trade mark infringement if you’ve got a registered trade mark.
And that’s really powerful, because prior to that, prior to the Trade Marks Act, and also if you don’t have a registered trade mark,
the only way people were able to enforce their trade marks and intellectual property was through the Australian Consumer Law
under misleading and deceptive conduct or the tort of passing off,
which are just not as easy to argue as a registered trade mark under the Trade Marks Act.
So it’s really important to get your trade mark registered so you can actually sue for trade mark infringement.
And if you don’t have a it, you can’t sue for trade mark infringement.
It’s a really, really fundamental point, because at the end of the day, your brand is your biggest asset
and if you don’t take steps to protect your brand, you’re leaving the business exposed.
Contact us today if you require any assistance with handling your trade marks.
(c) Progressive Legal Pty Ltd – All legal rights reserved (2019)
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Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.