When should you register a trade mark?
In Australia, the first person (or business) to use a trade mark is the entitled owner of that trade mark. However, IP Australia only checks the Trade Marks Register when reviewing trade mark applications. This means if you haven’t registered your trade mark, someone else might successfully register your trade mark. To get that trade mark removed, you would then need to go to court to get the trade mark removed from the register.
This is why getting a full clearance search before filing a trade mark application is important - it identifies anyone who is using the trade mark unregistered who may have prior rights in the name. It also highlights how vital it is to register your trade mark as soon as possible. Trade mark registration puts other potential users on notice that you have rights in the name, preventing them from using it for their own goods or services.
Essentially, you should register your trade mark as soon as possible and preferably before you begin using the name. The longer you hold off registering your trade mark, the harder it may be to secure it. Trade mark applications are inexpensive for businesses, even start-ups.