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A trademark can be a letter, number, word,
phrase, sound, smell, shape, logo, picture,
aspect of packaging or any combination of
these. It is used to distinguish good and
services of one trade from those of
another. This means that you can't
register a trademark that directly describes
your goods and services. While it is
difficult to register a geographic name or
surname, someone who has used one extensively
in the marketplace for a considerable period of
time may be able to successfully register the
mark where the trademark has come to be a
distinguishing feature of the goods or
services.
Although you don't have to register your
trademark to use it, registration is advisable
because it can be expensive and time consuming
to take legal action defend your
trademark. A registered trademark gives
you the exclusive legal right to use, license
or sell it within Australia for the goods and
services for which it is registered. It
is important to conduct a search of existing
trademarks before using a mark or applying for
registration, otherwise you run the risk of
being sued for trademark infringement if the
mark you propose to use is already registered
or in use by someone else.
Initial registration of a trademark lasts
for ten years. The mark can be renewed
for successive ten-year periods upon payment of
the appropriate fee. The trademark must
continue to be used in a genuine fashion,
otherwise it may become vulnerable to removal
on the grounds of non-use.
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