Benefits of Trade Mark Registration

1. A trade mark registration can last forever, if the mark is in continuous use and the registration is renewed periodically.
2. Not all countries recognise use rights. This means that unless you have registered your trade mark you have no rights in it. A third party can misappropriate your trade mark and get ownership rights by registering your trade mark before you do.
3. Registration grants you the exclusive right to use your trade mark on the goods and services covered by the registration. Those rights extend throughout all the country in which rights are sought, not just the regional area where use occurs.
4. Proving that a name is a registered trade mark is easy.  It can be difficult to prove common law rights which may prevent you from making use of a dispute resolution process.
5. Registration provides public notice of your rights in your trade mark and acts as a deterrent to any intended users of the trade mark. Your registration is searchable on a publicly available register so other businesses can check and ensure that they do not unintentionally trample on your rights.
6. Owning a registration for your trade mark prevents the registration of the identical or a confusingly similar trade mark for the same or similar goods or services.
7. Registration also gives its owner a statutory right to sue for infringement without the need to prove that they have a reputation in the trade mark.
8. Buyers of your business will look closely at what assets they are buying.  Trade marks can be a key driver to the valuation of a business.  Many buyers look at a seller's trade mark protection when conducting their due diligence. A lack of trade mark registrations may reduce the value of your business because it increases the buyer's risk that a competing mark will limit its plans for the business.
9. Domain name disputes can be more easily resolved if you own a trade mark registration.
10. Trade marks must be properly marked and used.  Before registration your trade mark should be marked by use of the ™ symbol. After registration you can change the symbol ®. It can be an offence under the Trade Marks Act and Trade Practices Act to represent that your trade mark is registered when it is not.
11. A trade mark can be licensed (as well as being sold or collateralised).  Businesses can enjoy substantial revenue in royalties from licensing their trade marks.
12. A registered trade mark gives its owner the ability to file Customs Notices to prevent the importation of infringing foreign goods.