As long as he is the inventor of the trademark and therefore the owner of it, Albert may apply to register it provided he intends using it in relation to his goods. He does not have to be already using it to proceed with the registration. The Registrar will register the trade mark unless there are grounds for rejecting the application, such as the following:
the proposed trade mark cannot be represented graphically
the trade mark cannot properly distinguish the applicant's goods or services from the goods or services of other persons
the trade mark contains or consists of scandalous matter, or its use would be contrary to law
the trade mark, in relation to those goods or services, would be likely to deceive or cause confusion
the applicant's trade mark is substantially the same as, or deceptively similar to another registered trade mark for similar goods or services, or such a trade mark for which registration is being sought.
A person who opposes the registration of a trade mark can challenge the registration by submitting a 'notice of opposition' setting out the grounds of their objection.
A registered trade mark must be used, failing which it lapses. Registration also expires after a period of 10 years but can be renewed for further periods of 10 years. This should be done before the registration expires.