Term and renewal
If your trade mark registration application is successful, the trade mark will be valid for 10 years from the initial filing date. However, protection of your mark can be indefinite if you pay the necessary renewal fees after each 10-year period (providing you are using the mark correctly).
Infringement of your registered trade mark
If you discover that your registered trade mark has been used without your consent, you can exercise your rights under the Trade Marks Act. An infringement of a registered trade mark can be defined as follows:
- An identical mark has been used in relation to identical goods or services
- An identical mark has been used in relation to similar goods or services
- A similar mark has been used in relation to identical or similar goods or services resulting in confusion for the public
- A similar mark to a registered well-known mark on goods or services that are dissimilar to those registered with the well-known mark (if there is a likelihood of confusion or connection to the well-known mark, and possible damage to the interests of the owner)
If there is an infringement on your registered trade mark, you can seek damages from the offending party or demand profits from their company for any loss you may have suffered.
Revocation and invalidation of trade marks
In certain cases, a trade mark may be revoked if (in the absence of valid reasons):
- The owner of the registered mark has not started using it within a period of five years from the completion of the registration process.
- The use of the mark was suspended for an uninterrupted period of five years.
- Because of the owner’s act or inactivity, the trade mark has become a common name within that area of trade for the goods and services it is registered for.
- The way in which the mark has been used misleads the public, particularly as to the nature, quality or geographical origin of the goods or services.
A trade mark can become invalid if:
- It is in breach of the basic requirements of a trade mark registration as specified in the Trade Marks Act.
- It is in conflict with an earlier mark.
- The registration is deemed fraudulent.
- There is a misrepresentation in the course of the trade mark application.