Trademarks and Why They’re So Important for Your Business

Ensuring Corporate Documents' Enforceability - What to Know

09/06/2022

While you might think that registering your business name gives you exclusive rights to it, that isn’t the case. That’s why registering your business name alone isn’t enough to protect your name and brand. In fact, other people can take your name and use it, especially if the company is in another country that isn’t Australia. For instance, your company may be named “ABCD Company,” and there can be another company in another country with the exact same name!

So, how do you actually protect your business and everything it has to offer? Well, that’s where trademarks come in!

Let’s delve into trademarks and see what they’re all about:

What Is a Trademark?

Simply put, trademarks are distinctive marks or words that distinguish the source of a good. The purpose of a registered trademark is to protect consumers and other businesses from confusion by signalling that a product or service comes from a particular source.

Do You Need a Trademark?

The majority of businesses require trademark registration. Here are some questions you should ask yourself:

Is your business name, logo, slogan or tagline (also known as a trading name) a famous signature? Is your business well-known within your niche? Does your business have a worldwide presence? Is your business name, logo, slogan or tagline well-known and easily identifiable in its industry? Is your business name, logo, slogan or tagline used for marketing goods or services?

If you answered “yes” to at least two of these questions, then having a registered trademark is a must for your business.

Fortunately, it is relatively easy to register a trademark, and you don’t need to hire a lawyer to do it. You can register your trademark yourself using the Australian Trade Marks Office’s (TMO) online filing system. You can also reach out to a lawyer with expertise in trademarks to help you properly register any trademarks you need to register.

What Are the Benefits of a Trademark?

There are many reasons to protect your brand with a trademark:

A trademark helps you to protect your company’s name, logo, slogan and tagline. If another company or person steals your brand and uses it as their own, you’ll have the legal right to stop them.

A trademark helps you to stop others from using your brand in advertisements or promotional materials. If they do, you have the right to stop them.

A trademark is a sign of quality. People associate your trademarks with your business, as well as your quality products and services. So, if you want to make sure people trust your brand, have a trademark.

You may be compensated for your trademark if someone else uses it. This can include damages from your reputation getting tarnished and the like.

Conclusion

As you can see, it’s crucial for your business to have a trademark. This is a way to protect your business, as well as attract new customers who will be loyal to your brand. Plus, a registered trademark can help you get compensation if someone steals it!

With that being said, do reach out to a professional lawyer to assist you in registering your trademarks. That way, not only can you register your trademarks quicker but also more successfully!

GLG Legal is an innovative and ambitious property and commercial law in Brisbane, offering various solutions to meet different needs. If you are looking for brand protection in Australia, get in touch with us today!

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