Surprisingly, 8/10 business owners do not know that business and company name registrations do not give you any rights over the name in the marketplace. Your business name only provides you with a right to trade, but NOT an automatic right to trade with the name.
This often comes as a huge shock but the fact is only trade marks can protect your chosen name in the marketplace. Registered trade marks are basically a federally granted monopoly to control your name and stop others from using it too.
So what do you need to ensure you're in the 2/10 business owners who do know that they need to secure trade mark registration to have true marketplace rights over their name?
Take these two steps:
FIRST: You need a professional trade mark search to ensure your name is legally available to you and not already owned by another individual or business.
Warning: If you proceed without a professional search, you could file an unprotectable trade mark, one that's already registered, or make one of the 5 common filing mistakes -- this would likely mean you would lose your filing fees and even put yourself at risk of legal action.
SECOND: If your search results give you the all clear, then you need a professional trade mark application to protect your name in the right goods and service classes (there are 45 classes). Because searches are that day's results, it's important to file asap.
Warning: If you self-file your own application you could make one the 5 common mistakes that ultimately mean you fail to secure trade mark registration, or you attain the wrong protection, or your application is held up for months until it finally lapses. When your trade mark application is not successful you lose the government fees you've paid.
As a trade marks attorney you have the benefit of my 15+ years of protecting trade marks as powerfully as possible within my client's budget. I spend every working week conducting searches and filings, which means I am highly skilled in trade mark strategy and protection. As a registered Australian trade marks attorney, I am bound by the Trans-Tasman IP Attorney Code of Conduct 2018, which gives you added peace of mind.
Use the contact form and I will be in touch ASAP with a couple of questions to help me provide you with a quote. If you already have a quote from another professional, share it with me and I will beat it!
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