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Other Major Advantages of Trade Mark Registration
Also see: ■ Common Misconception Regarding Trade Marks ■ Importance of Trade Mark Registration
· If it is proposed to sell or list a business, it is likely that a due diligence of the business will be conducted. This will involve scrutinising the business’s intellectual property, in particular, its branding and trade marks. Ensuring that this intellectual property is properly protected may result in a higher value being attributed to the business. · A registered trade mark is a form of property in itself, and can be sold (assigned) or licensed to others. A common scenario in which a trade mark is licensed is where there is a franchise. · When you apply for a registered trade mark, details can be seen on the website of the Australian Trade Marks Office (IP Australia). As a result, competitors wishing to know whether a particular trade mark is available for use can carry out a search which should reveal your trade mark. This may assist in avoiding a situation where another business adopts the same or a deceptively similar trade mark without being aware that it belongs to you. · If you have your mark registered, and if another person files a later application for a similar trade mark for similar goods or services, it is most likely that the Trade Marks Office will refuse to register the later trade mark due to your trade mark registration. · If your trade mark is registered, this entitles you to use the ® symbol which alerts others to the fact that the trade mark is registered.
For a recent real-life example, click here.
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