How to Protect Your Brand From Identity Theft in Australia

Ensuring Corporate Documents' Enforceability - What to Know

25/02/2022

Every business owner works hard to build their brand and garner recognition from scratch. They likely have done everything from conceptualising the message and value of the brand to legally registering it. Yet, there are still ways that other people get to steal what they worked hard on.

If you are a business owner and you do not want all your efforts to be put to waste, consider getting help in protecting your brand. Here are some ways you can boost your brand protection in Australia.

1. Register Your Name as a Trademark

A trademark is a marketing tool that ensures people have a good grasp of the quality of your product. It is a mark, device or symbol that can be used with goods or services.

When you register your mark as a trademark, you get to prevent others from using your name for business purposes. That is a legal weight you can use to prevent someone from creating confusion among consumers. 

If you register your trademark, there is an International Registry for Marks (IRM) wherein you can file a complaint of infringement if another business is using your mark without your consent.

2. Keep Proofs of How Long You’ve Been Using Your Trade Name

If your company has been using your trade name for a long time, there are high chances that someone may try to steal your brand and pass it off as their own. To avoid this, you should keep proof of how long you have been using your trade name. 

The proof can be from the newsletters you have sent out during your business launch to your company’s official website. Keep copies of any articles where you mention your trade name. These can be old catalogues, business cards, and ads.

3. Look Out for Trademark Violations

This is one of the most important steps you can take to prevent someone from stealing your brand. If you know that someone is using your trade name, action should be your first response.

You should immediately take the necessary steps to stop this and file for trademark infringement. You should contact the brand owner you are accused of infringing and try to resolve the matter.

You can have brand protection lawyers work on this for you as well. They are specifically knowledgeable in this area, and they can get your claim heard and resolved.

What Should You Do If Someone Steals Your Brand?

Stealing someone’s brand is considered a form of intellectual property theft. It is illegal, and though it might be difficult to recover your brand, it is not impossible. You have several options as to how you can take action if someone has stolen your brand. If you are in Australia, you can sue for trademark infringement.

What Is a Copyright Infringement Lawsuit?

The purpose of a copyright infringement lawsuit is to get the copycat to stop distributing the stolen product. If there is a significant amount of damage, you can also receive compensation. However, you should remember that you will have to prove that you own the copyright to the work you claim as yours. 

What Should You Do To Recover Your Brand?

If you want to recover your brand, and you have a registered trademark, or you can prove that you have been using it first, and the person you are accusing is a copycat, you will have a case against them. You will be able to sue them, and if you have sufficient evidence and a good lawyer, you will be able to recover your brand.

If the person you are accusing has registered the trademark first, you may not be able to recover your brand, but you can still get compensation for the damages you have incurred.

Conclusion

Protecting your brand is a good way of ensuring that your hard work does not go to waste and you remain competitive in the market. As a business owner, you can use these tips to ensure that you have an excellent protection plan.

If you want to know more about brand protection in QLD, Australia, we have you covered. GLG Legal is a commercial and property law practice based in Brisbane that will provide you with the legal solutions you need. Contact us today at 07 3161 9555.

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