Launching a new business or product can be an exciting and daunting experience. You have put in a lot of effort into creating a unique and memorable brand name that represents your vision, values and products. However, it is essential to understand that your brand name is one of the most valuable assets of your business, and without trademark protection, you could be putting it at risk.
Trademark protection ensures that your brand name, logo, slogan or symbol is unique and not used by any other trader in a similar industry. It gives you the exclusive right to use your brand name in connection with the products or services you offer, and it prevents others from using a similar name that could confuse customers or damage your reputation.
Trademark registration in Australia is handled by IP Australia, and they have become increasingly strict about what they allow on the register. A trademark may not achieve registered trademark protection if there is already a prior registered trademark in the same or closely related class, or if the trademark is too descriptive.
If you want to ensure your brand name is capable of receiving registered trademark protection, you need to create a new and unique name, icon or logo that is not too descriptive. For example, if you are launching a business that makes coffee from a mobile van, think twice before using a name like ‘The Coffee Van.’
It is also important to engage expert trademark lawyers like IP Partnership to ensure that your name is not already owned by another business elsewhere in Australia. A comprehensive trademark search report can ensure that your proposed name is not only not a prior registered trademark, but it is also not showing up on social media or online as being used by a competitor. If a competitor uses the name before you, they will have grounds to oppose your trademark application based on prior use.
If you own a registered trademark, it is a breach of the trademark act to use a name, slogan, symbol or icon that is substantially identical or deceptively similar to your registered trademark. A competitor who attempts to ride off your goodwill is liable to pay you for any profit they earned using your brand. You have the right to seek an injunction to stop them from using your trademark.
Trademark protection is crucial for your business because it gives you the exclusive right to use your brand name and prevents others from using a similar name that could confuse customers or damage your reputation. It also helps to build brand recognition, loyalty and trust among your customers. Protecting your intellectual property rights should be a priority when launching a new business or product, and IP Partnership can help you navigate the complexities of trademark registration in Australia and internationally. Don’t hesitate to contact them for any queries or assistance.
