Know About Common Law Trade Mark

1
Know About Common Law Trade Mark
2
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.

3
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
  companys intellectual property, what exactly
  they protect and where you need to apply.

4

• 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.

5
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.

6
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.

7

• 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.

8

• Benefits of
• Registered Trademarks

9

• 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.

10
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.