If the GODZILLA movie was scary for you, then be careful using your business name registration as a trademark, if you haven’t had it checked thoroughly by your Trademark Attorney.
Adelaide based GODZILLA PIZZAS received a cease and desist letter from GODZILLA Trademark Lawyers who represented Toho Co Ltd. The warning letter was threatening Court action, and requested immediate withdrawal of the brand from the market, including de registration of the GODZILLA business name registration which featured the GODZILLA trademark, and to take down signage, menus, etc.
The Japanese company, Toho Co Ltd, owns Australian Trademark GODZILLA. As you are probably aware this trademarked name has been going for a long time. The name was founded in Japan in 1932 and has had a part in making hundreds of movies, including Godzilla, Oscar-winning anime Spirited Away and films in the Pokemon franchise.
Many of you have registered a business name or company name with The Australian Securities and Investments Commission (A.S.I.C).
What you probably aren’t told is that you should see a Trademark Lawyer to do due diligence and an audit on the business name or company name BEFORE you register a name with A.S.I.C.. Otherwise, you may be sued or threatened with Court action.
The Adelaide business found out the hard way, that their Business name did not cover them for Trademark Infringement. They also invested substantial expense in the shop-front, signage, menus, business registration, etc. To make matters worse they had to pay lawyer defense costs.
Before you outlay finance to roll out a brand, signage and develop goodwill, we recommend a Trademark Attorney conducts a Trademark Search and provides
an infringement opinion or clearance so you know if there are issues or not, ahead of time.
Don’t pour substantial amounts in legal costs and brand re-deployment to see it wasted because another party actually owns and controls a brand, logo, business name, company name by virtue of a Registered Trademark.
You can have these checks done by filling out our information pack request form.