If your business name is the most important brand asset you have, you should consider registering your business name as a trade mark.
It is important to note that registering your business with ASIC does not mean your business name is protected from use as a trade mark by your competitors. For example, LegalVision’s membership includes unlimited trade mark applications (excluding official government fees). Note that some legal services can help you manage costs. Also, ensure that no one else is using your name or logo. You should consider the differences between the two protections as set out above. If both a word mark and a logo are possible options, the decision is up to you. Therefore, businesses that are starting out sometimes choose to apply for only one trade mark because of cost. The process of registering trade marks can get expensive. What If Both are Available, But I Can Only Afford One? Here, you must establish that your business has been using the name over a long period to establish your brand presence. However, you may be able to overcome both of the objections mentioned above if you can demonstrate evidence of use of your trade mark. If you have a logo that constitutes a device mark or a composite mark, you may find more success registering the trade mark. In this situation, you may wish to register your logo rather than your name. Essentially, IP Australia will object if they believe that the trade mark is too generic or descriptive. IP Australia may also reject your trade mark if it cannot distinguish your goods or services from that of another business. There are various exceptions to this, so it is best to speak to a trade mark specialist if you have any concerns. If you do not change your trade mark, it may be infringing on someone else’s trade mark rights. In this case, you should seek legal advice, as you may need to consider whether you should change your name. IP Australia might reject your trade mark if there is an identical or very similar trade mark already on the register. What If I Cannot Register my Business Name as a Trade Mark? Importantly, the words themselves do not have separate trade mark protection in isolation.
The same as a device mark but includes the words on the image. This includes the combination of shape, orientation and style.Ī mark that contains both a graphic and at least one word Protects the overall impression of the image. Protects the name itself, not any particular font or styling. In Australia, several different types of trade marks are relevant to registering a business name or logo: Different Types of Protectionīusiness names and logos are usually registered as separate trade marks. For example, this might include a unique name of a product or service you offer, a slogan or a jingle. You can also register different elements of your business or brand as a trade mark. For others, that will serve adequate protection for their business and brand. Most small businesses register their business names and logos as their trade marks. The first step is to decide what you want to register as a trade mark. It distinguishes your goods and services from your competitors and offers a strong form of brand protection. What Can I Register as a Trade Mark?Ī trade mark is a sign, symbol or word that represents your business and your brand. This article explains what you should consider when registering a trade mark and the benefits of each type of trade mark. While it is always best to register both your business name or logo, there are situations where you may need to choose.
Registering a trade mark is a great way to ensure that your business’ brand is protected. If you are a business owner, you may wonder whether you should register your business name or logo as a registered trade mark, a type of intellectual property protection.
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