|
Infinite Solutions® |
|
All businesses use a Trade Mark (sometimes in the form of a brand or logo), the question is have you protected it? How do you protect it? Is it registrable?
How you represent your business is vital in your companies reputation and recognition. For example, if you have your business name in a circle and you use the colours maroon and blue for marketing material, you are using a Trade Mark, and you should protect it.
The first thing most new businesses do when they start is register their company and/or business name, then go out and have logos and brands developed. The logos, brands, signs and/or other marketing material you are paying good money for are not protected by your company, business or domain name registration from other companies representing themselves in a similar manner to you.
If you think your business name or company name registration protects you, think again! The focus of company and/or business name registration is to ensure that any person wishing to establish the identity of proprietors of a business can distinguish between business names as they appear on the business names register. This is why the same business name can be registered to different parties, with minor variations such as adding a state or word to the pre-existing registration.
For example Infinite Solutions, Infinite Solutions NSW, Infinite Solutions Australia, Infinite Solutions Australasia Pty Ltd, Infinite Solutions International Pty Ltd can all co-exist on the business and company names register to different owners.
Business and company name registrations do not confer ownership rights to the name or the words within the name. Only a Trade Mark registration delivers monopoly rights to the owner for the registered Trade mark within Australia.
What makes Infinite Solutions® stand out is over 10 years practical experience in working with Trade Marks, and it doesn’t mean thousands of dollars in legal costs.
To become a registered Trade Mark, the representation must be capable of distinguishing the goods or services of one trader from those of another. Trade Marks are not limited to words and can include names (e.g. personal, business and company), letters, numerals, signatures, devices, brands, headings, labels, tickets, figurative elements, colours, sounds, scents, shapes, aspects of packaging, configurations of the goods themselves, containers for goods..
The best trade marks are unique for example use of the word “apple®” on computers is a great trade mark, whilst the word apple on apples is not a trade mark.
There are certain elements which cannot be registered as trade marks. As a general rule, signs which are not distinctive or at least capable of becoming distinctive of the goods or services to which they are applied will be refused registration unless evidence establishes the contrary. These include:
¥ Signs having direct reference to the goods or services or some character or quality thereof (for example “apple” for apples). ¥ Laudatory epithets (for example “five star” for motels). ¥ Names of plant varieties for goods or services relating to plants. ¥ Geographical names and their derivatives. ¥ Common surnames. ¥ Two letters (e.g. MJ). ¥ Number and numeral combinations (e.g. ABC123). ¥ Scandalous or contrary to law (e.g. some swear words, Olympics etc)
Similarly, trade marks likely to deceive or cause confusion such as marks in conflict with prior registered marks or earlier ranking applications will be refused. However, in many cases these marks can again reach registration through evidence of use.
By using the services of Infinite Solutions® early in the development and use of your Trade Marks, you ensure that you will meet the requirements of the Trade Marks Act 1995 and gain registration, thus protecting your business identity and reputation in the marketplace. In addition, you are adding value to your business because a registered Trade Mark is considered to be property and can be assigned a dollar value.
What is your name worth? How much of your reputation is tied up in your name/brand/logo - all of which are Trade Marks?
All these questions can be answered by Infinite Solutions®. |
|
About Trade Marks |
|
Mark Wells Trade Marks Principal Consultant Bh: 02 6382 7415 Mob: 0412 126 489 |
|
Trade Mark Services contact |