Common Law Trademark vs Registered Trademark

Author: Ian Aldridge, Progressive Legal

Not sure whether to rely on a common law trademark or register your trademark officially? Understanding the difference between registered and common law trademarks is essential to protecting your business. In this guide, our expert trademark lawyers break down the legal, financial, and strategic benefits of a registered vs a common law trademark with IP Australia.

What is a common law trademark?

A common law trademark is an unregistered trademark that gains limited protection through use over time. These rights are built by consistently using your brand in the marketplace, but they offer far less certainty and legal power compared to a registered trademark.

While you may be able to stop others from using a similar name or logo under common law, enforcement is often costly, time-consuming, and not guaranteed. Proving your rights without official registration can put your brand at serious risk.

At Progressive Legal, we help business owners secure lasting trademark protection. As experienced trademark lawyers, we strongly recommend registering your trademark to ensure your brand is fully safeguarded.

Why Register Your Trademark Instead of Relying on Common Law Rights?

When you register your trademark, you gain the exclusive legal right to use, license, and enforce it across Australia. This means you can quickly stop competitors from using identical or similar marks, without the legal uncertainty and high costs that come with common law enforcement.

A registered trademark is the most reliable way to protect your business identity, save on future legal fees, and secure your brand’s reputation.

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

Need Trade Mark Registration Help?

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