HAVE YOU PROTECTED YOUR BRAND? GUEST BLOGGER: CLIFFORD GOULDSON LAWYERS
At dms CREATiVE, we work with clients to develop beautiful brands and also want to make sure our clients have protected their brand. In what can sometimes be a complex topic, the team at Clifford Gouldson Lawyers
help to make sense of it all and as Guest Bloggers uncover the bits you need to know about trademark registration…
HOW DOES TRADEMARK REGISTRATION BENEFIT YOUR BUSINESS?
- Exclusive statutory rights in your brand & control over its use.
- More valuable, easier to sell and more attractive to licensees.
- Australia wide protection & provides a starting point for world-wide protection.
- Your ownership is forever – initial registration period lasts for 10 years and can be renewed indefinitely as long as it is used in the same form as the registration.
- Deters people who may potentially infringe – e.g., before a competitor chooses a name very similar or identical to your own.
- Brand ownership rights can be enforced against infringers at a cheaper and faster rate.
- You’ll have the support of third parties in protecting your brand. E.g., Australian Customs will attempt to prevent importation of goods that infringe your registered trademark.
- Reduces the risk of infringing another’s trademark through using your name.
WHAT IS THE RISK IF YOU DON’T REGISTER YOUR TRADEMARK?
- Your brand could belong to another business.
- Greatly increases your expenses and time frames for enforcing your rights against infringers.
- You may face brand dilution in the marketplace, without control over your key brand elements.
- Third parties with registered rights can force an unregistered user to stop using a brand.
- Recovering a domain name from a cybersquatter is virtually impossible.
- REMEMBER: Domain name, Business name or company name registration does not give ownership or protection.
SO, WHAT IS THE PROCESS AND HOW MUCH DOES IT COST?
- Choose a name and/or logo distinctive of your brand – avoid geographical references or indicators of quality or the nature of the business (e.g., “Australia’s Best Fish and Chips” is virtually unregisterable as a trademark).
- Check the Register of Trademarks and a general internet search to ensure you are clear around any obstacles to registration and ownership.
- List the products or services you will offer under the brand, both now and in the next 3-5 years – this will help to determine the number of classes in your application.
- Within 4 months IP Australia can tell you if your trademark is successful and a straightforward application can be completed through to registration in 7 to 8 months.
- IP Australia charges $200 per call of goods/services at the time of application and $300 per class at the time of registration (normally around 6 months later), with nothing more payable for a decade. However, a recent government report has recommended increasing these fees, with the increase due to apply from the last quarter of 2016 - so don’t delay your application if you can avoid it!
- Legal fees for preparing and filing the application are typically around $800 per mark and the total cost of fees to complete the process is usually around $1100 - $1500.
We hope this info helps to clarify the queries you may have around trademarking. Remember, it’s a crucial step to ensure you’re protecting your most valuable business asset – your identity.
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