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Did you know that registering a business name with ASIC does not provide you with any exclusivity?
Unless you have trade marked your business name, other third parties may be able to register and use the same or similar business names to you.
The name your business trades under is how your customers and other businesses identify you. It’s critical to protect the goodwill your business brand develops.
You can do this by lodging a trade mark application for your business name with IP Australia.
When an Australian trade mark application is approved, you have exclusive use of that trade mark throughout the country for 10 years. Your trade mark registration can be renewed every 10 years as needed.
This means that you can enforce your trade mark to prevent third parties from using the same or similar business names as you.
What is a trade mark in Australia?
A trade mark does not just apply to business names; it applies to any “mark” that is distinctive to your business that differentiates you from other traders in your industry.
This can include a letter, logo, image, number, word, phrase, scent, sound, shape, movement or aspect of packaging – or a combination of these – all of these can be trade marked.
Generally, the more unique your trade mark is, the easier it will be to register it. Once your trade mark is registered, you can begin using the ® symbol.
It’s important to note that trade marks need to be individually registered in each country your business wants to trade in. This includes if you intend to offer your products online internationally.
Should I check my name is available and can be protected before I start using it in my business?
Yes, you should absolutely check your name is available and can be protected before you start using it in your business.
If you don’t do this, then you might end up spending a lot of time, money and resources on selecting designing and registering a name only to find it has been registered as a trade mark by a third party. If this happens, then you might receive a cease and desist and need to change your name, logo and branding. This would obviously be an expensive exercise and a bitter pill, especially if you have just spent time and money with a branding or marketing agency to develop your brand and concepts only to have to start again.
We have had to assist a number of clients who have found themselves at the other end of a cease and desist. We have also issued for clients who have had their brand infringed a cease and desist against third parties and taken action accordingly.
To avoid all this, it is best that you first check your name and logo is available for trade mark protection and to then lodge a trade mark application.
We can do the search for you quickly to confirm your name is available and can be protected,
If you would like us to do this search, send us an enquiry.
How much does it cost to get a trademark in Australia?
Protecting your business’ IP by registering a trade mark in Australia is a smart investment for even the smallest of businesses.
You’d be surprised how affordable it is to protect your business’ brand name or logo. At Quest Legal, we can provide you with a fixed priced quotation to protect your brand.
Why get legal help for your Australian trade mark application?
At first glance, trade mark applications seem simple enough, however, there are many aspects that must be considered carefully to improve the chances of your trade mark application being successful.
For example, it’s wise to receive expert advice on the specific class of goods or services your Australian trade mark application should be lodged under. This is because you cannot add new goods or services once an application is submitted. If you need to amend the goods or services of your trade mark, you will have to file a new application and pay for the application fee again. Further to this, if the wrong class is selected, your application may be denied or your trade mark may not provide your business with sufficient protection.
Unsuccessful applications can be costly, time-consuming and leave your business’ IP exposed.
Protecting your brand – the importance of trademarks
In this episode we explore a topic that’s often overlooked but incredibly essential: trademarks. We also look at the multifaceted world of intellectual property, emphasizing the crucial role it plays in safeguarding a brand’s identity and ensuring its success. In today’s competitive market, a strong brand is the ultimate asset!
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About DSP
Design Studio Perth is an integrated branding and graphic design agency based in Perth, Western Australia.
Our team is made up of dedicated professionals who work closely with each client to develop unique and compelling brands that resonate with their target audience.
Our team is made up of dedicated professionals who work closely with each client to develop unique and compelling brands that resonate with their target audience.
