Now that your brand is secure with trade mark registration, it is time to invest in the brand and business.  However, you need to keep proactive on your business’ brand management. Here are our top tips to remember:

• Make sure you are using the right symbol to represent your trade mark (™ for unregistered trade marks, ® for Registered Trade Marks);

• Monitor for any infringement/unauthorised use of your trade marks. Search google, hashtag searches on social media, trade mark databases, domains, industry magazines, websites, etc. If you do identify infringement, act on it immediately to stamp it out quickly – call us straight away! 

• Keep your Trade Mark Attorney up to date on any new brands, new slogans, new product /services etc so they can double check you are within your rights to use the brand (and are not infringing on others) and that your protection is adequate. At The Trademark Co we are even happy to double check your packaging drafts, proposed advertising campaigns,etc, to make sure your ™ placement is correct;

• If you are going overseas, you need to register your trade marks (or at least search) in each region – remember you are best to do so sooner rather than the week after that huge convention in New York! Ideally, search and file your TM before entering a new market;

• Renewal fees – your trade mark has registration for ten years in Australia – so don’t forget to pay these when renewal comes due. Be sure to keep your TM Attorneys or the trade mark office up to date on your contact details so they can remind you;

• Use it or Lose it – If you do not use your trade mark, as you have filed it, your trade mark is vulnerable to removal based on non use actions. Talk to us anytime about maintaining trademarks on ‘hiatus’;

There are a few other important considerations to keep in mind after the trade marks are registered – these will be specific to your business plans.

Talk to us about your plans and we will be sure to advise on how to best manage your rights to the trade mark/s.

When starting up a new brand or business you are going to be commissioning creatives on branding/logo design, website design, packaging design, copywriting, advertising, app development, artwork, photography…the list goes on. This is your intellectual property, or copyright to be exact – if your suppliers assign it to you. If they do not, technically it is their own copyright, and they are free to use this and reproduce it in any way they see fit.

Copyright’s are a self assigned right in Australia – as such it is imperative that a clear transfer of ownership is made, to ensure your rights and protect your investment. As such, you need to be clear with your suppliers from the outset that any works they are commissioned to create by you, are to be assigned to you upon completion/payment of invoices, etc. You could also have them sign a formal deed of assignment to ensure the ownership is clear.

You can skill yourself up on copyright at this very useful website – Australian Copyright Council https://www.copyright.org.au/ but it is also very helpful to obtain advice from a trade mark attorney or IP lawyer to ensure you are protected. 

And remember - use the copyright notification on all of your works ie. © The TradeMark Co. 2023

Before you head face first into logo design, websites and advertising campaigns, we recommend researching whether you can legally use the name FIRST (ie. that you will not be infringing upon a registered ™). There is no point in spending your start up $$ on domains and design if you cannot legally use the brand name. Here is our recommended order of importance for strategic and exclusvive brand ownership when you are starting out - 

1) Search the trademark - is it available in all of your core countries? This advice should come from a Trade Mark Attorney. If the brand is registered to someone else, you may be best to get back into brainstorming mode.. 

2) File your trade mark application – goes without saying this is best left to the professionals, a good trade mark attorney will take the time with you to understand your brand and business plans and then tailor the right strategy to secure you the best protection. Do not put this one off, it is better to file sooner rather than later – ideally, you should file your TM before you launch (and be careful who you talk to about the brand until the application is filed);

3)  Talk to your accountant and set up your business name/company/trust;

4)  Register your domain names;

5) Register your social media names in all viable channels for your business;

6) Get started on logo and website design - send your new logos and icons to your trademark attorney to double check the trademark database (remember, you cannot use icons/designs that are registered trademarks!) Your ™ attorney may recommend filing your new logos as trademark applications as well for top level protection;

7) Talk to your trade mark attorney about international trade mark protection if you plan on exporting.

Once you have taken action on the above, your already set for success with real Brand Confidence™ - it's time to get cracking on building that business!

We get it - these days it is really hard to create a distinctive name that no one else is using.  Here are some tips - 

• Try to create brands that do not have relevance or meaning in regards to the product or service

• Avoid common surnames

• Unique and meaningless is ideal! Ie. Google, Nike, Yahoo, Mars, …and not The Trademark Co (what were we thinking!?)

• Search the trademark databases for immediate ‘knock out’ searching, but this advice is best to come from your ™ attorney

• Searching online is something you should be doing while you are in brainstorming/brand creation mode.  Google is a good start, as are the social media platforms, as most businesses these days will at least have a Facebook page or Instagram account.  

• Try some hashtag and domain searching as well. If you find that there are businesses out there using the brand you have chosen, for the same goods or services that you will offer, you may be best to save yourself any drama and choose another – but double check with us first, as there can be strategic ways to allow you to use the brand, particularly if your goods/service offering is completely different.

Although your online searching can be quite extensive, you cannot be 100% confident unless you have conducted a trade mark search via the Trade Mark Offices of each country you intend to hit. This is best to be provided by an experienced Trade Mark Attorney (aka yours truly). We will give you the final word on the availability of the brand and the best strategy for you to achieve trade mark registration. 

Adequate searching is an essential part of your start up process. If you skip the searching, you may find yourself in some serious legal hot water later on…and there is nothing worse than having to re-brand and educate your customers of the change…not to mention the costs involved and the diminished credibility on your business reputation.

We offer our Instant Insight search hour of power which can really save you time, money and worries…let us do the hard work for you so you can push forward with confidence! 

This may seem obvious, but creating a strong brand – one that you can own exclusively, above all others – can be one of the most important decisions you make in the creation of your business/new product/service. 

Obviously you want to create a trade mark that other businesses cannot use, especially in a descriptive manner. So deciding on Palm Beach Chiropractic (geographically descriptive), or Smiths Bakery (a common surname) are not great choices. To create a brand that you can grow with exclusivity and enforce, avoid the following:

• Common Surnames, ie. SMITH & SON

• Descriptive words, ie. Scented Candle Creations

• Geographic indicators, ie. Gold Coast Dental

To create a great brand, try and get quirky, innovative and don’t be afraid to go outside of the box,…think about the iconic brands you know and love (ie. Google, Apple, Virgin, GoTo, Mimco, Mecca…)…do they actually mean anything in relation to the product/service offering? 

Part of the success of these brands is the fact they are the absolute only business that can use these words/trade marks for their offering. 

Creating a unique brand means it will be so much easier to register with trade mark rights, which means you can control your brand and reputation 100%.  At the end of the day, having strong registered trade marks means you have invaluable ASSETs to your business, which can be assigned, licensed and if you work hard enough, SOLD for a load of cash. 

If you are stuck, think about play on words, conjoining words, unique acronyms etc. Enlist some branding experts! ChatGpt could even help you out! 

If your at that start up phase with a new brand, it is worth the effort to get really creative now rather than spending all your cash on marketing and websites, only to find out later that you have no claim to exclusivity or will never be able to stop others from using your name.

Feel free to talk to us – send us through some of the brands you're trying to decide on…we are happy to help guide you through this critical stage.