You have done the hard work of coming up with a business name, developing a professional logo and completing your legal requirements through ASIC registration. And you commence business thinking your name and logo are protected until you find that a competitor has a similar name and logo.
A unique business name and logo does not give you exclusive trading rights or ownership over that name and logo. Registering a particular name with ASIC does prevent another business from registering a similar name.
It is easier to create recognition, build brand awareness, and protect your brand goodwill if you choose a unique business name/logo.
But, the obligation to register a business name with ASIC is separate to protecting any intellectual property rights in a name/brand, such as registering a trademark.
Before you commit to a new business name, it is wise to search the IP Australia trademark database.
Trademarks are usually names or logos, for example the MAP Marketing trademark appears in IP Australia
It may also be useful to conduct an international business name search. But many international businesses register trademarks with in IP Australia and defend their trademarks in Australia.
You can use the ™ symbol as soon as you register the name/logo with ASIC even if your trademark is not yet registered with IP Australia. Using a ™ symbol next to your trademark shows your target markets, influencers, and the community at large that you are distinguishing your goods and services from those of others.
Registering your trademark with IP Australia gives you rights to use that trademark, in the classes you have registered, from the date of registration and prevent others from using your trademark. Once your trademark is accepted for registration by IP Australia you can use ® after the name/logo.
A trademark is protected in all Australian states and territories for an initial period of 10 years but can be renewed every ten years, for a fee. Owning trademark rights ensure that your unique brand is protected from competitors.
You can also protect your unique works such as content, images, reports, website, and social media pages by adding a copyright notice in the following format ©Copyright MAP Marketing 2022. The Copyright Act 1968 (Cth) provides you with automatic copyright protection of such works.
What happens if you find a competitor using your trademarks or copyrighted material? One step is to send a cease-and-desist letter to ask that they stop using similar trademarks.
Enquiries
Maria Charlton
maria@mapmarketing.com.au