Are you looking to trademark your brand but are confused about the process? It is common for consumers and traders to have some confusion about trademarks, especially because of the myths surrounding them. Start seeking the truth about the matter, and things will become easier. It is simple to ensure there are costly disputes and take the necessary steps.
This blog debunks multiple myths and misconceptions about trademarks, ensuring you can trademark your business without much issue.
Myth 1: Registering your business is the same as registering the trademark.
People often think that if you register a company in Australia, that is as good as registering a trademark. However, that is not true. Registering a business name implies the government can use it for administrative and tax purposes. However, it does not grant you any rights to use the same as a trademark. Registering the name gives you the right to use the name for business operations. However, you cannot use it as a trademark to distinguish the goods or services you sell from what others are selling.
The registration process at ASIC/ABN allows registration for those names only if they do not directly conflict with other businesses. However, this doesn’t mean you have the legal right to use it, especially when someone else is doing the same and was there first. They do check your proposed business name against all the existing business names and also against registered trademarks. However, many unregistered trademarks can prevent you from using your business name as your legal trademark.
Myth 2: You do not need to register your business for a trademark.
No doubt, in due time, continuous and extensive use of your unregistered trademark gives you a few rights in Australia. However, you get more advantages from using a registered trademark, which you should not avoid. One of the major benefits is that registered or pending trademarks are cited against the present trademark applications hereby IP Australia. So, if they get an application for a trademark similar to a pending or registered one, they will flag it. Thus, they will have to show that their trademark is not similar to it. Thus, it helps you protect your trademark. In short, having a registered trademark decreases the chances of someone copying your trademark via IP. Also, if you must enforce your right to use a registered trademark or someone infringes on it, the Trade Marks Act will help you.
Myth 3: Hiring a professional trademark specialist or lawyer is not necessary.
It is a myth because if you do something daily that holds legal value, you might make mistakes. If you do it yourself, you might make some mistakes that can have severe consequences. You might end up registering a trademark that doesn’t provide enough protection for your trademark. Sure, the process is easier, but people usually do not file it properly due to the ease or lose track of time, which can lead to problems later. Therefore, it is better to always hire a professional trademark lawyer to ease you into the rules and regulations and ensure you do not make any mistakes.
Myth 4: I do not need to register a trademark if I know no one using a similar one.
Whether you want to enforce your rights or not, it is best to register your trademark, as it has many benefits. For instance, anyone thinking of using a similar trademark to anyone else’s can face liability or consequences. Also, it can resolve any dispute you might get into later over your trademark. For example, if you want to end an infringing activity, you only need a cease-and-desist letter. Therefore, it is always best to register your trademark the right way.
Myth 5: If there is a conflict, IP Australia will inform you.
It can be tricky as IP Australia does not police the trademark or even inform a specific person about the potential conflicts. They only inform you if your trademark causes an objection to someone else’s application. Therefore, having a person dedicated to this is a smarter choice.
Conclusion
Want to start a business in Australia? Then, you must stop believing in common misconceptions and myths about trademarks, how they help your business and brand, and their value. Hopefully, this blog was an eye-opener. If you have any queries, you should work with a professional who can help you trademark and register your business, among other things.