Know About Common Law Trade Mark

Know About Common Law Trade Mark

Introduction The term "common law trade mark" refers to a trademark that has not been properly registered with IP Australia. Such trade marks, on the other hand, are used in the marketplace to identify goods and services. Names, phrases, and trademarks with a reputation in a certain location or area are included. Importantly, because they are unregistered, they do not have legal protection under IP Australia, albeit they may have some protection under common law. Using the TM symbol, for example, can grant you a limited set of rights. This article will go over the factors to examine before deciding whether or not to use the common law to protect your trade mark.

Common Law Trade Marks Entrepreneurs who own a trademark, copyright or patent for a product or technology have an advantage over their competitors, but the process for obtaining them can be a long, complicated one.

Before you start the copyright, trademark or patent process, it is important to learn about their differences, how they can help protect your company’s intellectual property, what exactly they protect and where you need to apply.

By just using a trade mark to sell your goods or represent your organisation, you are exercising your trade mark rights under common law. You're essentially skipping the registration process and skipping the seven to eight-month wait. You also won't have to pay the expenses involved with registering a trademark. Common law trade marks, on the other hand, do not offer the same level of protection as registered trade marks. For example, you may find it difficult to prevent a competing local business from selling under a similar trade mark to yours in some instances.

Trademarking Lawyers However, there are some additional benefits to using a common law trade mark.

Because common law trademarks are so quick to register, you can start using one right away. They must, for example, conduct a search using the following terms: Search engines, social media sites, and online marketplaces are all examples of this.

These candidates frequently use a trademarking lawyers to do these clearance inquiries.

Common Law vs Registered Trade Marks While common law trade marks are comparatively easier to obtain, as they do not require registration, they provide less protection. The use of the TM or ® symbols distinguishes between registered and unregistered trade marks. Importantly, the ® symbol can only be used above a trade mark that has been recognised and registered with IP Australia.

Finally, formal registration provides stronger protection against people who might try to copy your logo and infringe on your trademark rights. This might lead to a loss of money as well as a sullied reputation.

The 'first-use' character of these common law trademarks comes in handy in circumstances when a TM symbol represents a well-known brand within a certain region of Australia. The term "first-use" or "first-to-use" refers to the date on which your company began using its trademark in the marketplace. As a result, if a third party uses your trade mark, you have choices for proving that you were the first to use it.

Benefits of Registered Trademarks

Owners of a registered trademark are entitled to a number of advantages. To begin, your company name will be fully protected. You can also take action right away if you notice any infringement in the form of identical or copied trade marks. IP Australia will also register your company name on the Trade Marks Register, reducing the risk of infringement. You'll also have more brand protection on social media platforms from online infringers and harassers.

Similarly, when you find yourself in a disagreement with another party utilising a similar trade mark to yours, registration gives you significant enforcement rights and a solid legal position. With a registered trademark, you can rely on IP Australia to prevent others from infringing on your rights by utilising your trade mark.

Conclusion

Before you apply a common law trade mark, you should be aware of the following: Common law trade marks are faster and easier to obtain, but their protection is less; common law trade marks can use the TM symbol, whereas IP Australia trade markings can use the ® symbol; and common law trade marks have a higher risk of losing revenue or goodwill.

Finally, registering your trade marks is the best way to secure maximum protection. You won't have to rely on common law rights, which are more difficult to prove, debate, and enforce, if you have a registered trade mark. In the event of infringement, you also have legal remedies for enforcing your trade mark.