A trader may also have rights in relation to an unregistered trade mark under the common law. Your trade marks, and the ability to prevent others from using the trade marks, may represent a significant asset in your business. It is important that you consider the value of the trade marks used in your business and how to best protect them. Almost anything as long as it is capable of distinguishing your goods and it does not conflict with a prior application or registration. It can, for example, be a word, phrase, device, logo, shape, picture, a style of packaging or combination of these.
Words can include English words, foreign words or invented words.
An effective trade mark should be easily recognisable and recalled by consumers and capable of registration. Whenever an individual or company trades in a name other than its own, the individual or company is obliged to register the name as a business name. In addition, business names must be registered in each state that the business is trading. However, registration of trade marks gives the owner the right to exclusive use of the trade mark throughout Australia. There is no need to register the trade mark in every state.