Businesses need to secure their intellectual property by protecting their trademarks before someone else does.
While corporations understand the need to protect their trademarks, they also understand the importance of using professionals to advise and manage the deployment of applications, audit protection advice and so forth.
Unfortunately, many start-ups and small business owners have no experience, and many find out the hard way.
What are some of the issues which are missed?
Our clients regularly request for our firm to audit their company trademarks. If you need an audit, our Patent and Trademark Attorneys at Australian Patent and Trademark Services are ready to assist.
We check:
- for any new and unprotected brands, tags that may have been missed and remain unprotected.
- any commercial developments and work out if they jeopardise existing Trademark Registrations.
- whether any existing applications are about to lapse because examination reports have been missed.
- whether any renewal deadlines have been missed.
Often simple things like deadlines are missed, leading to loss in protection of trademarks, and allowing for the potential for competitors to register the brand, or similar variations.
Additionally, we find that some trademark registrations which have been lodged without Trademark Attorney assistance are lacking sufficient detail.
Unfortunately, this can lead to the problem that there is borderline protection, leading to problems if the registration needs to be relied upon for Court proceedings. It is also usually too late to correct the problem in time.
Case Study
We recently had a Sydney business owner come to us for help when receiving a lawyer’s This problem occurred because he was unaware of trademark law and had filed the Trademark application directly with the Government form thinking it was easy. letter alleging infringement and threatening to take Court action against him.
The legal problem occurred because he was unaware of trademark law and had filed the Trademark application directly with the Government form thinking it was easy.
He applied without representation, nine years previously to receiving the c letter. He made the wrong inference from the application result that if he couldn’t gain approval of the trademark, no one can. In fact, his rival many years later, applied with the help of Trademark Lawyers who knew the trademark laws and technical. They registered the trademark and threatened him with that.
The details of his “refused” trademark application were used against him by the rival’s Trademark Attorney.
What is seemingly unknown by many business owners is that errors remain on the public record. They may prejudice your position if lodged improperly.
Experience Counts
Our firm receives many referrals from General Lawyers. It begs the question – if a General Lawyers who understands the complexity and risks isn’t willing to advise on or attempt the trademark application process, then how would a business owner with no legal degree cope?
Engaging an experienced Trademark Attorney is a must to avoid potentially costly legal proceedings in the longer term.
How to Trademarks operate to protect Businesses?
Trademarks operate as a badge of origin and can include a phrase, slogan, word(s), sound, shape, colour, smell or symbol. Trademarks allow customers to identify and distinguish your business or company from others.
Trademarks allow your company to monopolise its business offering, reputation and goodwill.
A registered trademark is also a tangible asset which can assist on the balance sheet for accounting and financial purposes. However, the worth of a registered trademark is dependent on competing for close brands and unwanted shared interests with independent competitors.
Audits should be conducted prior to investing in or buying a registered trademark. Only a Trademark Attorney can conduct a comprehensive audit on a trademark to identify whether there are competing interests, the ability for a third party to remove the trademark rights because requirements have not been met, or the registration has gaps in goods and services covered (or classes).
A business or trademark can apply to trademark its brand name, logo, slogan, tag-line, or packaging to set it apart from the other businesses in the market.
Significance of a Trademark
Trademarks play a vital role in your business success. You gain the potential rights to prevent other businesses from using your brand or mark so as to confuse or deceive the customers. Using similar marks on the goods or services can confuse your customers and adversely impact your sales.
Proper use of trademark promotes trust that there is quality in the business and provided goods or services. Trademarking also aids in employee retention.
General Trademark Recommendations
File trademark applications to safeguard your business. Revisit this regularly, as your business and trademark laws constantly change. This will ensure your intellectual property remains protected, to ensure your business still has an edge in the event of unauthorised copying by third parties.
File a trademark as early as possible to avoid any other business from taking the brand. And ensure it is a quality application by utilising an experienced Trademark Agent such as Australian Patent and Trademark Services.
You should always seek the advice of your Trademark Attorney. Generally, we recommend the following approach to protect the trademark of your business or company:
- Comprehensive searches to identify similar business trademarks.
- Never use a verb as your company name or trademark. It is best to seek an audit of your website by a Trademark Attorney.
- Choose a unique business name, logo, and tag-line to distinguish it from others.
- Register your trademark in advance to prevent longer-term complications.
- There are many issues with choosing a generic name for your business.
Many businesses in the market have no idea about trademark compliance or the steps they need to take to safeguard their business. It will only lead to complications in the future. We recommend expert assistance to overcome problems and ensure your trademark application properly protects your business, as you cannot go back later and change the rights.
Do you need trademark lawyer representation?
Australian Patent and Trademark Services have over two and a half decades of patent and trademark experience in advising and protecting business trademark rights. Our team of legal experts can help the business protect its brand, business/company name, and logo. With our expert assistance, you can reduce any legal complications or future surprises.
Disclaimer
The above information is general in nature. You should always seek advice from your Trademark Attorney before acting as differing legal circumstances can alter the necessary trademark strategy that must be rolled out.
