New Year – Trade Mark Checklist for 2021

With the beginning of the new year, it is important that you reflect on where you are and what you hope to achieve with your trade mark portfolio.  Whilst a ten-year renewal period for trade marks tends to encourage a ‘register and forget’ attitude, you can leverage and maximise your trade marks portfolio through regular mini checks-ups.

The following checklist presents items to consider in relation to your portfolio:

• Summary Status: What is the status of the trade marks in your trade mark portfolio?
• Renewals: Do you have any trade marks that are coming up for renewal during this year?
• Changes: Have you changed any of your names/logos, leading to a need for additional protection?  We recommend that you forward any changes to us to review and determine if new trade mark registrations are required.
• New Marks: Have you launched any new products/services that require trade mark protection? Your current trade mark registrations may not cover these new goods or services.
• Use: Have you been using your trade marks? It pays to routinely collect evidence of such use ‘as you go’ so you can have it at hand if ever needed, for example, to defend a non-use action.
• New Markets:
  • Are you selling your products or services overseas?
  • Are you importing new products into the Australian market?
  • Have you expanded any goods/services offered under your trade marks in the new markets?

Thinking about these things at the beginning of the year can assist you to develop a clear ‘plan of attack’ and list of strategic activities for the year ahead.

FAL would be delighted to assist you with an audit of your trade mark portfolio on a complimentary basis.  Please contact our senior Trade Mark Attorney , Michelle Wilson on michelle.wilson@fal-lawyers.com.au