WHY SHOULD MY BUSINESS REGISTER A TRADEMARK?
Micro and Small businesses often overlook protecting their intellectual property so we asked Intellectual Property expert Jacqui Pryor at Complete IP Pty Limited (www.completeip.com.au), “What is a Trademark and why should I register one?”
A Trademark is a badge of origin. It’s the sign that you use in relation to goods or services that identifies those goods or services as yours and not those of your competitors or other traders. A Trademark can be a business name, a logo, slogan or other aspect of branding that is used in this manner. Here are a few reasons why you should register your trademarks;
Micro and Small businesses often overlook protecting their intellectual property so we asked Intellectual Property expert Jacqui Pryor at Complete IP Pty Limited (www.completeip.com.au), “What is a Trademark and why should I register one?”
A Trademark is a badge of origin. It’s the sign that you use in relation to goods or services that identifies those goods or services as yours and not those of your competitors or other traders. A Trademark can be a business name, a logo, slogan or other aspect of branding that is used in this manner. Here are a few reasons why you should register your trademarks;
TRADE FOR LONGER
Studies show that for each Trademark a business registers it survives on average 2.2 years longer than business’ that don’t register their trademarks!
THE RIGHT TO USE AND CONTROL THE USE OF YOUR NAME
Trademark registration gives you with the right to use the Trademark; so no-one else can tell you to stop using it. Registration also allows you to authorise use of your trademark by other people (eg: licensing). Without Trademark registration you may not necessarily have the right to use your own name.
VALUE ADDED TO YOUR BUSINESS
A Trademark is a saleable asset, just like real estate. Trademark registration therefore increases the value of your business.
USING THE “R” SYMBOL – You cannot use the ‘R’ symbol unless your Trademark is registered. Displaying the R symbol deters others from copying and shows the marketplace you are serious about your business.
(TIP: As long as your name or logo is not infringing an existing Trademark you can use the TM symbol. The use of the TM symbol does not require a formal application or registration.
STOP IMPORTS WHICH INFRINGE YOUR TRADEMARK
Trademark owners may apply to Customs to have imported goods bearing infringing brands seized before they enter the Australian marketplace.
AVOIDING ACTION AND COSTS
It can be costly to defend yourself against infringement action if someone else registers a similar Trademark to the one you use in the marketplace and then tells you to cease your use. If you don’t have a registered Trademark, it is far more costly to take action against someone using the same name or logo compared to have not having registered the Trademark at all.
Thank Jacqui, that’s fantastic advice!
Jacqui Pryor, Complete IP Pty Limited, www.completeip.com.au
Interesting post!
ReplyDeleteIt´s funny how domains are not seen as trademarks, but when there is a
domain dispute, it´s ALWAYS about a trademark infringement.
I know, domains are not trademarks, however it´s time that trademark lawyers take them seriously, and include them in their brand protection recommendations.
Hi Christopher - we often recommend to our clients that they register relevant domains to their trademark, so yes, I agree that this is an important part of a protection strategy. It's a 'funny' business, because you are right simply having a domain registered is not a trademark and therefore cannot infringe a trademark - however, some cases the domain is the trademark (think realestate.com.au)... to take away possible disputes and headaches I would suggest that trademark owners register the relevant domains where possible. Thanks for the comment - good tip to readers to help protect their position in the marketplace. Jacqui
ReplyDeleteWe have been asked whether, from 2013, companies will benefit from automatic trademark protection of their company names - this is not correct to our understanding of a new national system soon to unfold.
ReplyDeleteCompany Names are currently administered by ASIC; business names (usually) by a state fair trading office and trademarks by IP Australia. From 2011 ASIC will administer company names and NATIONAL business names (currently, business names are state by state). The new national system will allow a business name to be registered for trading purposes through out the country so long as it meets the relevant criteria. Clearer information will be made available for new business registrants on the subject of trademarks, with links to conduct trademark searches through the IP Australia databases. (Please note: it is advisable to seek out professional services in conducting of trademark searches).
However, registration of a company name, or national business name will not afford the owner trademark registration rights. They will continue to be regulated and administered by different governmental departments - the purpose for registration of a business or company name will remain different. Only registration of a trademark gives recorded ownership rights to the use of a particular name.
Further information on the national system can be found at the business names office in your state, or at http://www.innovation.gov.au/section/smallbusiness/pages/australianbusinessnumberABNbusinessnamesregistrationproject.aspx