Unregistered or Registered Trade Marks?

Trade marks are a form of intellectual property protection your business can rely on to distinguish yourself from your competitors. Likewise, you can use trade marks to clearly differentiate your goods and services from your competitors.

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Trade marks can be both registered and unregistered. However, you will see that there are major benefits to registering your trade marks. This article will compare unregistered and registered trade marks, and explain the benefits that a registered trade mark offers.

Is a Registered or Unregistered Trade Mark Better? 
How much will your brand benefit from the added protection of trade mark registration? Consider if it is worth the time and money or whether having an unregistered trade mark is sufficient. Trade mark registration is one of the most crucial legal decisions you will make when launching a new brand.

Australia’s trade mark registration system allows businesses around Australia to protect their unique brands from copycats and other infringing users. Before we discuss the suitability of registered versus unregistered trade marks, we need to consider what a trade mark is. Trade marks are a sign that help your customers identify or distinguish your business’s products or services from your competitors. Your business’s brand kit likely contains several trade marks. Trade marks can include words, logos, colours or symbols, just to name a few. 

Registered trade marks are those that IP Australia has approved and now appear on a publicly visible register. The owner of the trade mark now has exclusive rights pertaining to the trade mark. These exclusive rights are discussed in greater detail later on. 

However, trade marks exist whether you register them or not. Upon creating a business, your business’s name, logo or any other unique identifiers are considered trade marks. This is provided you use these identifiers as trade marks.

Unregistered trade marks, unsurprisingly, will afford fewer rights and fewer protections over the mark(s) than you would have if you were the owner of a registered trade mark. If you fail to register your trade marks, you place your business in considerable jeopardy. Your competitors could copy, use and even register your unregistered trademarks as their own.

Benefits of Registering Trade Marks 
Upon your trade mark’s official registration, your business receives a valuable asset. This asset will only increase in value as your business grows. Notably, you gain an exclusive right to use your trade mark and the legal authority to prevent others from using it.

1. Exclusive Rights 
By registering your business’s trade marks, you exclusively benefit from certain rights. These rights include the right to: 

use the trade mark in connection with the goods or services for which they are registered; 
let others use your trade mark; 
be compensated if someone breaches your exclusive rights; 
licence your trade mark; 
sell your trade mark; and 
authorise the use of your trade mark as you see fit. 
These exclusive rights are limited to your Australian business for the goods and services you specified in your trade mark application. Investors and potential buyers highly value the exclusive rights conferred by registered trade marks. As such, you as a business owner, have a financial incentive to register your business’s trade marks.

2. Protection Against Copy-Cats 
The main reason why trade mark registration is so attractive is that it dramatically reduces the likelihood of another business using your brand, or a mark that is confusingly similar, as its own. IP Australia, in assessing trade mark applications, will reject an application of a mark that is identical or similar to another registered trade mark. In making this assessment, trade mark examiners will consider the classes under which it is registered.

Running a Business With Unregistered Trade Marks  
If you’re willing to risk it all and operate your business using unregistered trade marks, you should understand the kind of damage you could be doing to your business’s goodwill. It is not unheard of for competitors to search the register to check whether or not your trade marks are registered, and upon discovering that they are in fact unregistered, seize the opportunity to register them before you. 

Upon discovering that another identical or similar business is operating with your trade marks, you will probably want to stop this competitor from carrying on operating the business. However, since your trade marks are unregistered, you will find it very difficult to do anything about the competitor, unless you’re willing to engage in lengthy legal proceedings. 

Despite your prior use of the trade mark, the Courts will usually look more favourably upon the registered trade mark against the unregistered trade mark. However, this is not always the case, especially if you are able to show that through your prior use of the mark, your business has attained a reputation in connection with the trade mark, and that the public would normally associate the trade mark with your business.

Key Takeaways 
Trade mark registration is a valuable IP and brand asset for any business. If your trade mark is registered, you are afforded with legal rights to protect your trade mark and to decide who can use your trade mark. You can also enforce your trade mark rights by taking action against another trader that might be copying your brand. Without trade mark registration, this is difficult to do. 

 

 

 

Mariah Saad
February 12, 2024
legalvision.com.au

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Accounting & Taxation Services

We believe accounting services should be straight forward and stress-free. By providing cutting edge bookkeeping, accounting, taxation and financial solutions and using the right products for your record keeping, our team at Guests Accounting will work with you to understand your needs and help you achieve your goals, making it easier for you to manage your cash flow and meet your tax obligations.

While fiscal compliance is of the upmost importance, we at Guests Accounting also believe in offering management advice and support at all levels of our services. We are committed to offering the highest level of friendly and professional service and welcome the opportunity to work with you.

The areas we specialise in are as follows:

  • Accounting & Tax Consultancy Services
  • Personal & Business Tax Returns
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  • Self-Managed Super
  • Cloud accounting experts

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Business Accounting

Concentrate on running your business and let Guests Accounting take care of all your business accounting and taxation requirements.

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Personal Accounting

We offer a range of Personal Accounting services for individual employees. Our most popular Personal Accounting service is assisting with completing tax returns for individuals.

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We also offer advice on:

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Bookkeeping & Financial Record Management

One of the most important steps in the preparation of financial information is the data entry. It is the vital part of your accounting process, ensuring that your financial information is up to date and accurate.

Our highly experienced team of bookkeepers will get the job done efficiently by using cloud based products and software shortcuts, leaving you more time to concentrate on your business.

Guests Accounting can take over all, or some of your bookkeeping activities allowing you to concentrate on growing your business. We can:

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Business Advisory

Helping our clients grow, strengthen and develop their businesses is our main aim.  Whether small, medium or large receiving expert help in areas such as strategy development, management accounting, cost analysis and budgeting is very important to attaining a business’s short and long objectives.

Our aim is to enable you and your business to maximise potential and profitability.  We do this by providing the highest level of technical and commercial solutions to resolve issues that might impair the attainment of these outcomes.

We also have particular expertise in advising our private clients with family succession strategies that allows for the effective transfer of wealth to future generations.

Our expertise and time will help you attain your goals.

We specialise in the following:

  • Corporate Structure
  • Strategy development and facilitation
  • Strategic board and management reporting
  • Budget preparation and review
  • Updating your business plan
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Business Start-Ups & Structures

Choosing your business structure is an important decision and we can advise you on the best structure for your requirements. There are four main business structures commonly used by small businesses in Australia and we can help with them all:

Sole trader: an individual operating as the sole person legally responsible for all aspects of the business.
Partnership: an association of people or entities running a business together, but not as a company. A partnership is relatively inexpensive to set up and operate.
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It is important to note that you can change your business structure throughout the life of your business.

We can help with the following:

  • Corporate Structures
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Cloud Accounting

Cloud accounting is essentially your accounting software stored and accessed from an online server which allows upgrading of software, tax tables for payroll, also data backups are managed remotely and automatically by the software provider.  This is a great time saver for any small to medium business owner.

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Years of Industry Knowledge, Aimed at Helping Clients

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Accounting for Manufacturing Companies

Working closely with our clients and providing professional specialised accounting and management expertise is why many quality manufacturing firms have employed our services for generations.  The benefits of working with a firm that knows what it’s like to be at the ‘coal face’ can’t be overstated.

It’s this approach, passion, professionalism, skill-set and dedication to our task that has given many large Australian businesses the confidence to employ our services.

Manufacturing is the one of the more complex forms of business and made all the more difficult because competition, competiveness and global trends are constantly changing.  Managing this change is what makes or breaks companies but we know our extensive experience across industries and accounting issues has helped many manage their way through problems and others build on their success.

Whatever the situation Guests Accounting has the expertise and experience to help you get the job done.

The services we offer to help you deliver the outcomes your company and stakeholders want are as follows:

  • General accounting input
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Providing financial reporting is one thing but it is how this data is interpreted and used to implement strategy is at the core of Guests Accounting’s value to your firm.

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Accounting for Marketing and Digital Marketing Agencies

Advertising agencies, marketing consultancies, designers and digital innovators collectively represent one of the fastest growing business segments. They create brands, build websites and deliver marketing campaigns.

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Accounting for Private and Business Enterprises

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While family businesses face the normal ups and downs of business life there is always the added complexity of family relationships that can make business decisions more difficult.  At Guests Accounting we are able to manage all businesses aspects of such ventures due to our long experience working with family businesses that means we look to address other issues that might impact more heavily than they should.  Issues such as:

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We pride ourselves on the strength of the relationships we build with our clients and the depth of knowledge and understanding we develop over time.  Nowhere is this more important than with our family business clients.

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Accounting for Primary Producers and Farmers

Managing a farm is a time consuming task. Overseeing staff and ensuring your day to day operations are running smoothly can take up enough time as it is; the last thing you may want to deal with is financial paper work and tax.

A professional accountant can help you efficiently manage your accounting, bookkeeping and taxation requirements, while also providing you with advice and strategies to help effectively grow your business. This can give you more time to focus on what’s important to you, such as handling tasks on your farm and enjoying life outside of work.

For over 60 years we have been providing accounting services for primary producers and farmers throughout Victoria. We understand what farmers require to effectively manage the finances of their farming operations and endeavour to provide all of our farming clients with effective advice and services to do such.

Take the Stress out of Tax with Help from a Professional Accountant

Time is money—two things that accountants can save for you. A professional accountant has the expertise and industry experience to help you efficiently, effectively and quickly manage your accounts, all while helping you save money and reduce tax.

Here at Guests Accounting, we can help you with:

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Looking for help with your accounting and taxation requirements?

Whether a small or medium sized business farm, our team at Guests Accounting have the expertise to help you with all of your tax, accounting, GST and business advice needs.

Contact us today for comprehensive services at affordable prices, and advice you can trust.

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Accounting for Retail Businesses and Managers

Managing a retail business can be a time consuming and complex task. You have to make sure that your staff can perform well, are receiving appropriate payment in regards to their wage and superannuation, plus then there’s the range of OH&S and compliance issues that must be followed.

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Professional Accounting Services

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Ongoing Support

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Accounting for Tech Companies

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Accounting for Trades and Service Industries

When operating in your trade or business, you want to be able to focus on your client’s needs and help them, rather than becoming bogged down with tax, accounting and finances of your own. The friendly team at Guests Accounting provide professional accounting services for trades people.

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  • Pergolas
  • Plasterers
  • Plumbers
  • Rendering
  • Retaining Walls
  • Reticulation
  • Roller Doors
  • Roof Tilers
  • Roofing Repairers
  • Rubbish Removalists
  • Security Doors, Gates & Grills
  • Swimming Pools & Spas
  • Telecommunications
  • Tiling
  • Timber Floors
  • Tree Loppers
  • Vinyl & Carpet Layers
  • Window Cleaners
  • Wrought Iron Gates & Balustrades
  • Welders

Tailored Support

Guests Accounting are here to help you with your accounting; whether you’re looking to grow a business of your own or just sort out your own finances and taxation.

Many self employed tradesmen use accounting and finance software that is beyond their business needs, potentially leading to confusion along with wasting time and money. We can provide advice with what software or methods would be appropriate for your needs, along with what would be easy to use for you, giving you more time to focus on your work.

If you’re looking for a professional accountant who is dedicated to helping your trades business, please contact us today.

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Accounting services for transport and logistics professionals

Accounting for Transport and Logistics Professionals

Managing a transport & logistics business can be a time consuming and complex task. You have to make sure that your staff can perform well, are receiving appropriate payment in regards to their wage and superannuation, plus then there’s the range of OH&S and compliance issues that must be followed.

Guests Accounting understands the financial implications that transport and logistic industries have to deal with. We offer you professional experience, technical knowledge and support with your taxes and accounting.

Professional Accounting Services

Our services for Transport and Logistics Professionals include:

  • Start-up business financial advice
  • Payroll and bookkeeping services
  • Income tax returns
  • Tax planning strategies
  • Accounting software advice and selection
  • Tools and spreadsheets to assist in detailing and reporting income and expenses
  • Advice about the sale and purchase of your business
  • Advice about claiming motor vehicle and transport costs
  • Advice and assistance with claiming Fuel Tax Credits
  • The preparation and analysis of financial documents and statements.

Ongoing Support

Over time, you may want to change the direction your business is heading and this could lead to financial issues. Financial advice and services from professionals could help you and your business keep on track with your goals and evolve positively. Guests Accounting can provide professional accounting advice and services as your business progresses, grows and changes.

If you setting up a new Transport and Logistics business or looking to take your current business to the next level, please contact us today.

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Avi Paluch

Avi Paluch

Partner

ap@guests.com.au

(03) 9509 7033 / 0418 542 606

Avi Paluch became a partner in 1975. His client base comprises of professionals in a diverse range of industries, sole traders, national, multi-national and international groups in relation to taxation and management issues.

His clients also include large family groups and high net worth individuals. In addition, he is involved in a range of audits. Avi currently involves himself in various community boards in the capacity of honorary treasurer.

His other interests are being with his family and attending sports events.

Andrew Goldberger

Andrew Goldberger

Partner

bg@guests.com.au

(03) 9509 7033 / 0419 155 373

Andrew Goldberger joined Guests in 1987. Prior to that he occupied a senior position with the Australia Taxation Office. As well as looking after a diverse range of groups of SMEs and high wealth individuals, Andrew is an expert in taxation. He has been involved in a number of Large Income Tax and State Revenue Audits and provides advice on various technical tax issues and areas of tax planning. Andrew also consults to other practitioners in these areas.

Andrew has also written articles for various taxation publications including CCH and participated in taxation focus groups. He is regularly called on to address various public practitioner groups on taxation matters and has conducted training sessions for CPA Australia.

Moshe Trebish

Moshe Trebish

Partner

mt@guests.com.au

(03) 9509 7033 / 0417 081 305

Moshe joined Guests Accounting in 1985 and has more than 40 years of extensive experience. He has an indepth understanding of business and is responsible for a diverse group of clients and is in charge of the Superannuation Team and the Audit of superannuation funds.

Moshe’s knowledge in many different areas including business structuring, accounting, taxation, auditing, SMSFs and business planning in various industries enables him to provide advice on ‘the big picture’, taking into account both present and future needs of clients.

Moshe has been involved in various not-for-profit organisations during his career in an honorary capacity. This has given him a good grounding in the corporate governance area. Moshe continues his interest in the new regulatory environment of the not-for-profit sector.

  • Diploma of Commerce (RMIT)
  • Member of CPA Australia
  • Public Practice Certificate (CPA)
  • Registered Tax Agent
  • Registered SMSF Auditor
  • Registered Company Auditor
  • Limited AFSL Licencee
  • Chartered Tax Advisor (TIA)
Mory Kalkopf

Mory Kalkopf

Partner

mk@guests.com.au

(03) 9509 7033 / 0405 642 458

Mory graduated from Monash University in 1979 and joined our team with more than 20 years experience. He is a member of both the Institute of Chartered Accountants and the CPA and a Fellow of the Association of Taxation and Management Accountants.

After more than 18 years experience with a Chartered firm, Mory travelled to the United Kingdom and gained invaluable experience working with various Accounting and Legal firms in London, developing operating systems and in investigative accounting roles.

Mory joined Guests in March 2002 and became a partner in July 2005, specialising in Taxation and Business Services. Mory has also served on the executive of community boards and not-for-profit organisations.

Gary Bryfman

Gary Bryfman

Partner

gb@guests.com.au

(03) 9509 7033 / 0411 077 998

Gary Bryfman is a FCPA, having a Masters Degree in Taxation. His earlier accounting background was in industry, specialising in costing and budget preparations.

He has been a partner of Guests for 31 years. Gary has been involved in a number of Jewish organisations, including JCCV as honorary treasurer; CSG, JEMP and advisor to MDA executive.

Borch Baker

Boruch Baker

Partner

bb@guests.com.au

(03) 9509 7033

Boruch brings a wealth of experience and dedication to our team, having demonstrated exceptional leadership and expertise in accounting and taxation matters over the years. His commitment to providing outstanding client service that is solution- and results-focused has been attributed to our clients’ success.

Boruch’s leadership extends beyond his technical skills, he is also known for his ability to mentor and inspire his colleagues, fostering a collaborative environment within the practice. 

Outside of work, Boruch enjoys spending quality time with his young family. His passion for outdoor adventures and family life reflects his balanced approach to both personal and professional endeavours.

Accounting Videos

Secure File Transfer is a facility that allows the safe and secure exchange of confidential files or documents between you and us.

Email is very convenient in our business world, there is no doubting that. However email messages and attachments can be intercepted by third parties, putting your privacy and identity at risk if used to send confidential files or documents. Secure File Transfer eliminates this risk.

Welcome to Xero – you’ll love using beautiful accounting software that puts your financials at your fingertips. Here you’ll learn about the features you’ll use regularly in Xero, and see how they make managing small business finances easier than ever.

Please enjoy the links to these free tools supplied by MoneySmart - a great resource for general financial information. Please get in touch if you would like to discuss any questions that you may have as a result of using these calculators.

Guests Accounting welcome your enquiry. To book an appointment or simply ask us a question, fill in your details and we'll be in touch soon!

Email, Phone & Fax

Melbourne Office

  • 234 Balaclava Road, Caulfield North VIC 3161
  • 9:00AM to 5:00PM (Mon-Thurs), 8:30AM to 4:30PM (Fri)

Postal Address

  • PO Box 2197, Caulfield Junction VIC 3161, DX 37066 Caulfield

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