legal clique
A trademark is the only effective way of
protecting a business brand and identity.
WHAT IS A TRADEMARK?
A trademark legally protects
your business name, product,
or service. IP Australia, the
governing body for intellectual
property assets, states that
a trademark can be “a letter,
number, word, phrase, sound,
smell, shape, logo, picture,
movement, aspect of packaging,
or a combination of these.”
A registered trademark provides
a business with exclusive
rights to its use, which in turn,
supports effective marketing
and branding. A trademark may
also provide protection from
competition, thus preserving
your business identity and
preventing customer confusion.
The trademark process takes
up to eight months and is
valid for ten years in Australia.
Trademarks are protected on a
country per country basis.
COMMON NEW BUSINESS
MISCONCEPTIONS
1. A registered company or
trading business name with
ASIC (Australian Securities&
Investments Commission) protects
the use of a business name in
Australia.
WRONG!
The company name is only
required for identification by the
Australian Tax Office (ATO)
2. A registered website domain
name protects a business from
others using that name.
WRONG!
A domain name only allows a
business to be discoverable on
the world wide web.
A registered business or domain
name does not provide legal
protection for a business - only
a trademark can do this. Even
if a business has a long history
of using that name, there is no
guarantee that it can continue
to do so in the case of a dispute.
Without thorough research,
there is also a possibility that
your business is infringing on
someone else’s trademark.
Please note that a company
name and trading name may not
necessarily match a trademark
name. For example, Nestle
Australia Ltd is a company name
in Australia, but their trademark
brands are owned by Societe
Des Produits Nestle SA (parent
company) include Nestle®,
Nescafe®, Violet Crumble®,
Drumstick®, and Kit Kat®. Nestle
Australia Ltd does not hold
Nescafe Pty Ltd or Kit Kat Pty Ltd
as company names.
This highlights that relying
solely on a company or trading
name search for a new business
can be risky. There is always a
chance of costly litigation arising
from a trademark dispute. Many
business owners spend time and
money building their business
reputation that translates into
brand loyalty.
Women’s Network Magazine
29