Suzanne Harrington Is your Brand Name really yours or is it Vulnerable to Identity Theft?.........
Imagine launching your business or a product name, only to find in six months, two years or even five years later you
get a letter from a competitor’s lawyer to say stop using that brand as it belongs to their client.
Being on the receiving end of a ‘cease and desist letter’ can be a devastating, emotional and expensive experience. It
does happen every day and often it is due to a lack of knowledge and right research not being done in advance.
Having a trademark is not normally at the top of the "to do" list when one is first starting out in business because it
didn't seem important in the scheme of things. That's what many business owners think until they become embroiled
in a brand name dispute and their business is threatened.
The fact is that if you are relying on a business name or company name registration, then you don’t own the brand
name. Trademark registration is the best method to gain ownership of your brand and stop a competitor from copying
you. Asking a few questions early in the process of selecting a brand can save you thousands of dollars and months or
years of stress!
What Can I Trademark?You can register a trademark for a company name, logo, the name of a product or service, a tag line, a slogan or even
sounds and smells! The main thing to remember is that a trademark is your "badge of origin" letting the marketplace
know that a particular product or service is yours.
Why Should You Trademark Your Brand?It makes sense for manufacturers and business owners to trademark the name of their products and / or services as it
gives them exclusive rights in a legal sense to use, license and sell their intellectual property in the country in which
they register that brand.
You can use the trademark registration as a basis to sue a competitor for trademark infringement if they use your
brand.
Registering a trademark protects your property rights for a period of 10 years in most countries around the world and
often without any further cost in that 10 year period. That registration can be renewed for an indefinite time period in
10 year increments provided the right procedures are followed and renewal fees paid to the relevant Trademarks
Office.
5 Tips to Consider when deciding on a Brand for your Business Select a name that is unique to your industry and does not describe what you do or what the product does.
Do the right research BEFORE taking a brand to the marketplace to avoid being sued for trademark
infringement.
Make sure the brand can be registered as a trademark to ensure you own the brand to stop a competitor
from copying you and trading upon your reputation. Use the correct symbol when marketing your brand, i.e., the letters ™ for an unregistered brand and ® once
the brand is registered as a trademark - this lets the others in the marketplace know you value your brand.
Conduct marketplace searches of your brand regularly to ensure a competitor has not commenced using your
brand to enforce your rights should you need to do so.Suzanne Harrington is a Trademark Specialist at Pinnacle TMS and #1 Amazon Best
Selling Author of ‘Trademarking Your Business’ based in Sydney, Australia. Her 20 plus
years of experience enables her assist businesses of all sizes to avoid business identity
theft. Contact her via email at [email protected] or at
http://www.pinnacletms.com.au and download a free chapter of her newest book.