If I had a dollar for every time I have heard “but I registered the business name without a problem, why can’t I have the trade mark?” I would be very well-off indeed!
This is a common misconception and is the source of much confusion with businesses. Businesses looking to use a brand as their trade mark must remember:
- A registered business name DOES NOT necessarily mean you own the name; and
- Only a registered trade mark provides ownership of the name.
It is therefore vitally important that before you start using a name as your brand that you do some research before you apply for the trade mark and certainly before you start using it.
Provided no one else has registered the same or similar trade mark for your products or services, you can be confident that you are not treading on anyone else’s toes within your industry.
Take Away Points
As part of your brand development strategy you should make sure you use search IP Australia’s ATMOSS search tool for same/similar marks within your industry. We suggest conducting this search before you start using the name as your trade mark. Carrying out a little bit of research before you file could save a significant amount of time and money in the long run.
If you need help with your brand development or we can assist you with the pre-filing research for your brand, please get in touch with us.