Legal AdviceStarting a Business

How to Handle Business Trademark Issues

If you are planning to set up a new business in Australia, there are a hundred and one things you will need to sort out before you can inaugurate the business. One of the most important things in this long list is a business trademark.

The name, brand, and logo of your business all need to be trademarked if you want your business to have its own identity in the industry and with the customers. If you don’t apply for a trademark, then there is a high chance that another business might use your logo or name and launch their own company, without any legal ramifications whatsoever. They could easily get a trademark and you might be charged for trademark infringement all because they registered it before you did.

Such are the technicalities of trademark registration. If someone uses your business identity and you didn’t bother to go to the trouble of getting it registered, you could be losing loyal customers who would unsuspectingly opt for your competitor’s services with the same name as you! And to rub salt into the wounds, you can’t file for trademark infringement since you didn’t have the brand and logo registered in the first place.

The only way to make it a win-win situation and ensure that your customers are not swindled away by anyone else is to register for a logo and business brand. Think it’s difficult? There are indeed a number of procedures involved and you can get answers to your questions below,

Need for Trademark and Business Name Registration in Australia

Registering the business or company name is a legal requirement in Australia if you intend to conduct business under a name other than your own. Many ask if there is still a need to get a trademark after the company name has been registered, and the answer is yes!

A trademark will ensure that competitors don’t copy your brand or logo, and a business name registration is a government requirement.

Difference between a Registered and Unregistered Trademark

A registered trademark is one approved by the Trademarks Office while an unregistered one may still be in your use but it is not secure enough. If you want to legally prevent competitors from copying your brand identity and want to ensure brand security, you need to get your trademark registered.

For How Long Does The Trademark Remain Valid?

The Australian trademark registration for your company can last as long as you want. You will need to pay a renewal fee every 10 years to continue to keep the trademark registered under your name.

If you want expert help with the trademark registration procedures and wish to know the more intricate details of the legal process, you can also avail the services of a trademark attorney. They can help you register for a trademark with minimized risk of facing any litigation or trademark infringement case.

While trademark logos and brand names give you an identity in a competitive industry, you can only preserve this unique brand personality by securing it with the laws of the country – the first step towards safeguarding your business.