How Many Trade Marks Can I Have?
Emily Young
As a business owner, trade mark registration has several advantages that make the process a worthy time and financial investment. However, you might be wondering whether you can register several trademarks. This article will take you through any limitations on the number of trademarks you can register and the advantages and disadvantages of having a comprehensive IP portfolio.
Trade Mark Limitations
Your trade mark might take any number of forms, including your business:
- name;
- logo;
- colours;
- slogan; or
- combination of the above.
Noting the above list, there might be many trademarks you want to register for your brand. Fortunately, there is no limit to the number of trademarks you can register as long as they meet the requirements for registration and you are using them.
In saying that, there are advantages and disadvantages to having many trademarks. Some of these are outlined below.
Reasons to Have Many Trademarks
1. Comprehensive Protection
An extensive trade mark portfolio will provide you with comprehensive protection. Put simply, the more trademarks you have, the more business assets you will have.
A trade mark can be an invaluable marketing tool since it shows your customers who you are and what your goods or services are about. In addition, with a registered trade mark, your brand asset will be protected Australia-wide. This is because, as a trade mark owner, you have a range of exclusive rights over your trademark and can control your brand.
In addition, through registration, you have the right to use your trade mark commercially. As such, registering the most important assets of your brand is essential for comprehensive protection.
2. Increased Business Value
Trademarks can appreciate over time and therefore become a valuable business asset. If you choose to sell your business, your trade marks will increase the value of your business.
You might also wish to utilise your trademarks by licensing them. Trade mark licensing refers to the process in which you (the licensor) give another person (the licensee) the right to use your trade mark. You can license each of these and increase your profits if you have several trademarks.
Reasons to Have Fewer Trademarks
1. Ongoing Maintenance
Having a large trade mark portfolio can be difficult to maintain. Beyond the initial registration, you must implement a number of maintenance measures to ensure you get the most out of your IP. For example, you should regularly monitor the market for infringement and keep up to date with new applications that are potentially similar to your trademarks. With too many marks, this will become a complex task requiring many resources.
Further, a key component to trade mark registration is that you must use your trade mark or you risk losing it. It may be harder to meet this requirement if you have registered many trademarks.
2. Costs
Having many trademarks will result in high costs. These costs include:
- the initial cost of trade mark registration;
- renewal fees every 10 years; and
- any associated legal fees and administrative fees.
For example, you may need to hire a team of people to maintain your trademarks, which inevitably comes at a price. Similarly, if you have a lot of trademarks you are more likely to encounter IP issues, including any infringement issues.
Key Takeaways
There is no limit to the number of trademarks you can register as long as they meet the requirements for registration and you are using them. However, there are several advantages and disadvantages to having many trademarks registered. For example, having a large trade mark portfolio will:
- give you comprehensive trade mark protection; and
- increase the value of your business.
On the other hand, having a large trade mark portfolio:
- is expensive to maintain; and
- requires a lot of administrative work.
If you need assistance registering a trade mark in Australia, our experienced trade mark lawyers can help. You can get in touch with them by calling 1300 657 423.
Frequently Asked Questions
There is no limit to the number of trade marks you can register as long as your trade mark meets the requirements for registration and you are using them.
There are various advantages and disadvantages to having many trade marks registered. For example, having an extensive trade mark portfolio will give you comprehensive trade mark protection and increase the value of your business. However, having an extensive trade mark portfolio is likely expensive and requires a lot of administrative work.