Can I Use My Trademark Before It Is Registered in Australia? Perth

Yes, you can use your trademark before it is officially registered in Australia. Trademark rights can begin as soon as you start using the mark in commerce, even without formal registration. However, there are important considerations to keep in mind regarding the use of unregistered trademarks andTrademark Registration Australia.

1. Common Law Rights

When you use a trademark in Australia, you automatically acquire common law rights to that mark in the geographical area where it is used. This means you can establish some level of brand protection and prevent others from using a similar mark within that region. However, these rights are limited compared to registered trademarks, which offer broader protection nationwide.

2. Benefits of Registration

While you can use your trademark before registration, formal registration provides significant advantages. Registered trademarks offer stronger legal protection, nationwide recognition, and the presumption of ownership. They also allow you to take legal action against infringers more easily and can be valuable assets for your business.

3. Risk of Conflict

Using an unregistered trademark carries some risks, particularly if another party registers a similar mark after you start using yours. If that happens, you may face challenges in asserting your rights, and you might need to rebrand or change your trademark altogether.

Conclusion

While it is possible to use your trademark before registration in Australia, doing so comes with both benefits and risks. At LexGeneris, we recommend registering your trademark as soon as possible to secure the strongest protection for your brand. Our team can assist you throughout the registration process, ensuring that your trademark is safeguarded effectively from the start.

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