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Trademark registration – how to protect your brand
Protecting your brand with a trademark The best way to protect your brand is with a trademark registration. A trademark registration can cover your business name, logo, or even a slogan. With a registered trademark, you will have exclusive rights to those names and images, and the right to use them for the services your...
Why you need a cease-and-desist letter
If you think someone has stolen your work, is using a trademark or design too similar to yours, or is using your patent without consent, you need a cease-and-desist letter. What is a cease-and-desist letter? An intellectual property (IP) cease-and-desist letter is the first step in dealing with IP theft and is a formal demand...
Why you need a shareholder agreement
What is a shareholder’s agreement? A shareholder’s agreement is a contract between the shareholders of a company, which governs the relationship between each shareholder, and specifies who controls the company. Why you need one While it’s not a legal requirement, if your company has more than one shareholder, it’s advisable to have a shareholder’s agreement....
Think carefully before clicking ‘Publish’
When is a publisher not a publisher? According to the High Court, when it’s Google. In a landmark defamation case, the court has confirmed that publishing hyperlinks to defamatory material written by others does not count as publication – or republication. However, the court also warned against applying that as the general rule. Accordingly, it...
What is the franchise code of conduct?
What is Franchising? Franchising is a popular business model that allows you to operate a business under the brand of another business. Famous examples of a franchise in Australia include Pool Werx, Muffin Break, and Jim’s Mowing. A franchisee is a sole trader, partnership or company which enters into an agreement with the franchisor. The...
Planning your exit – What to know when selling your business
Selling your hard-earned business is a potential exit strategy once you’re ready to close your books to start a new chapter in your life. There are many reasons a business owner would want to let go of their company. To ensure a smooth-sailing transition of power and assets, you need to know which items will...
Licence v franchise – what’s the difference?
Understanding Business Structures in Australia Two of the most common types of businesses in Australia are licensed businesses and a franchised business. But what’s the difference? Both models are business agreements in which certain aspects of the brand are shared in exchange for a fee. However, a franchising agreement covers a business’s entire brand and operations,...
Understanding a deed of release contract
What is a deed of release? A deed of release is a legal document formed between two parties that brings a dispute or an agreement to an end, and can in fact can be used to prevent a dispute from arising in the future. Generally speaking, a ‘release’ is a discharge of obligations. There are...
Your obligations under the new franchise laws
New changes to franchising laws Franchising laws have changed again, and if you’re a franchise business owner it’s important you’re up to the date with the latest requirements. Introduction of the franchise disclosure register The government has introduced the online Franchise Disclosure Register, which is a database of franchisors’ disclosed information, which can be accessed...
Company Directors – this one’s for you
The Federal Government has new legislation requiring all company directors to have a Director Identification Number (DIN) in a bid to combat the rise of fake director registrations. DINs are a unique identifier which will stay with an individual director forever, even when they cease to be a director. As a company director, you’ll need...
5 Hidden Expenses To Watch for When Buying a Business
There are plenty of advantages to buying an established business. You don’t need to spend time setting up workflows, hiring staff, buying equipment, and establishing a client base. All you need to do is figure out how to make the business work. However, it’s difficult to account for everything that could happen once you’re already...
Ask These 5 Questions Before Buying a Business
Buying an existing business presents an exciting opportunity. But before you jump in, there are certain things you must consider, such as asking the right questions before you sign a contract. From small businesses to big corporations, you must decide wisely before putting it all down on paper. Here are the five questions you...