Why register a trademark in New Zealand?

A carefully selected and managed trademark can become a valuable business asset. As customers learn to value and trust a trade mark, they may be willing to pay more for a product or service bearing that mark. This enables a business owning a quality trademark to stand out in the marketplace and gain a competitive edge over its competitors.

Even without trademark registration, your brand could be protected through a civil action in the New Zealand courts, provided it has sufficient reputation. However, trademark registration confers a number of commercial and legal benefits on the owner, making it very advisable. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in New Zealand. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit. This is quite distinct from the sort of rights that a trader enjoys in an unregistered mark. Such a trader enjoys no presumption as to their right to use a brand, meaning that their business (and any economic valuations of its brand) will need to take into account the inherent risk that competitors may be able to free-ride on its reputation. (more…)

Why register a trademark in Australia?

Trademark registration is not compulsory in Australia. Unregistered trade marks may be protected by the local courts if they are deemed to have sufficient reputation.

It is definitely advisable, however. Trademark registration confers a number of commercial and legal benefits on the owner, whilst enforcing rights in an unregistered mark can be costly and time-consuming.

An appropriate trademark can become an integral part of the marketing strategy for your goods and services. The public will identify a certain image with goods and services bearing your trade mark. It can become an important means of maintaining goodwill with your clients, and improving your profitability in a crowded marketplace. If the trademark is used so as to foster consumer loyalty, it will become extremely valuable to your business, and this value is easily protected by using the array of legal rights that accompany a trademark. (more…)