Trade Mark


Trade Mark

Trade mark protection is generally available in Australia for "signs" which can distinguish the goods or services of a particular trader in the marketplace, such as words, numerals, letters, devices, logos, shapes, and even scents and sounds. Generally speaking, a sign is to distinguish one trader’s goods or services from another’s. 

An effective trade mark strategy is crucial to gaining a competitive edge in today's marketplace. Prudentia Legal can recognise what makes your business or innovation unique and worth protecting.

Registration of a trade mark is not mandatory, but it does confer very substantial commercial benefits. For instance:

  • A trade mark registration confers nationwide rights (in most cases)

  • A registered trade mark will be an obstacle to any subsequent application by a competitor to register the same or a similar trade mark

  • It offers legally enforceable rights upon a registered trade mark

  • Rights in an unregistered trade mark only arise where a substantial reputation has been developed. This is long and expensive process

  • Unregistered rights only exist in the geographical area in which such a substantial reputation can be shown to exist

Prudentia Legal will advise and implement an appropriate registration strategy and deal effectively with any objections from the Trade Marks Office.