What you need to know before you start a business?

When you decide to start a business, you need to consider all important factors that can keep it safe and functioning properly without any intellectual property issues – in particular, how to avoid legal disputes and conflicts from impacting the brand name you have chosen.

Any time you have a product or service name, business name, company name, slogan or logo, you need to secure it by applying for a trademark registration. You also need to conduct a trademark search to check that you’re not infringing another trader’s existing rights to the name.

Whilst you can attempt the trademark legalities yourself, the reality is that trademark applications are a very technically complex legal matter, with many hidden legal traps and risks that may only become apparent in the longer term, when it is too late to easily change your branding. See our blogs, for example here.

The best recommendation is to be represented by a properly qualified Trademark Lawyer – this is an investment of a small sum of money to save yourself from the very real possibility of far larger sums being required, in the longer term, to deal with unforeseen legal conflicts.

Especially if you are a new start-up, since you already have so many things to do, it is much better to have a Trademark Lawyer represent you for the legals and advise you where the traps are. An experienced Trademark Lawyer can navigate you safely through it all.

If you are considering trademark registration or are running a startup, then this article is specifically for you. Apart from that, some of the benefits of hiring a qualified and experienced Trademark Lawyer are detailed below.

Learn about the business trademark registration process

The first and foremost action that should be conducted is a trademark search, to identify possible infringement of other traders’ existing rights. Trademark searches are important because it is all about your business’s trademark and distinguishing your business’s brand from rivals. If you opt for a trademark which is already registered to, or being used by, another trader, then you can be sued for trademark infringement, passing off or misleading and deceptive conduct.

Also, if you have spent time, effort and funds to build your marketing and branding, only to later find that the brand is already owned by another trademark owner, then you have to start over, plus you could be sued in the Federal Court for profits you earnt using the registered trademark owner’s brand.

Our experienced Trademark Lawyers can help you in determining if you are wasting your time submitting an application for a registered trademark.

After a favourable search result from one of our experienced Trademark Attorneys, it is beneficial to pursue an official trademark application to reap the advantages of trademark protection.  

These benefits include:

1. the power to use the trademark and to claim ownership over the brand,
2. exclusive rights to use and exploit the trademark,
3. stopping competitors from registering the trademark and then legally threatening you,
4. putting other traders on notice when they search and see that their proposed same or similar brand infringes your existing trademark rights.

Your Trademark Lawyer can advise you on how to properly display the registered trademark symbol. This will indicate that the trademark has been registered with Australian and other (overseas) Trademark Offices.

The process of applying for trademark registration has several legal requirements and strict deadlines for gaining acceptance. This is the reason why most business owners choose to have a qualified and experienced Trademark Attorney to represent them, and to ensure that the trademark process is carried out properly so as to best suit their interests.

If any important trademark step is skipped, then it can become hard to reapply for the trademark, especially if someone else who is properly represented applies with an earlier date in the correct legal manner. It is far better to allow an Attorney, who is familiar with the trademark process, to handle these important matters effectively for you.

Another important reason to hire a Trademark Attorney

When starting a business, there are other reasons why it is good to have a legal practitioner to assist you. Apart from protecting the identity of the brand, Trademark Lawyers also alert you to potential peripheral legal matters that may be important, such as copyright agreements, establishing partnership agreements, and personal liability.

There are a number of trademark and other laws for businesses to adhere to, especially when it is a new startup or business. One mistake can make the entire process crumble. By hiring an experienced Trademark Lawyer, you can avoid these pitfalls and can increase the likelihood of success of your business venture.

Additional services offered by our Trademark Attorneys

Trademark Renewals, change of trademark ownership, trademark licensing agreements, proceedings for cancellation of conflicting trademarks, trademark opposition proceedings, copyright services, patent services, trademark and patent litigation – these are some of the many services that our Trademark Attorneys offer. We also have a team of trademark solicitors, trademark lawyers and trademark barristers to assist optimise your win in a trademark case.

So don’t be tempted by the D.I.Y. approach – have our experienced and registered Trademark Attorney represent you. We are registered in New Zealand and Australia, and have trusted patent and trademark associates in all overseas countries. Our associates are experts when it comes to trademark conflicts and litigation.

If you fill out this form, an experienced trademark lawyer at our firm will get in touch with you.