When a trader has a brand, picture, logo or similar, they normally seek to have use of that item exclusively. The process is to “trade mark” the item.
There are two ways to have a trade mark. You can simply have the “TM” notice next to the item, or you can register the trade mark, which allows you to have an R (in a circle please Lincoln).
The registration costs money, but an infringement is easy to rectify. The Australian Trademark Register shows the rightful owner of the item.
Although not registering a trademark is obviously less expensive, if someone was to infringe on your rights of exclusivity you will need to rely on common law, and explain the history of the company and the use of the item you are protecting.
Even if registered, you must use it within 3 years or this registration may be cancelled.
If you have any questions you would like answered either confidentially or via this medium, please email us at email@example.com
This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.