How to Protect Your Brand

Clients of Omnific Design often ask questions regarding Intellectual Property so I decided to catch up with Shelly from Complete IP to discuss trademarks and give our readers a better understanding of how businesses can protect their brands.

Wes: So, Shelly, what types of businesses should be considering trademarks for their branding?

Shelly: Protecting your IP is really important no matter how large or small your business is. Whether you are a home based business or a large corporation, your corporate identity should be one of your greatest assets in business. Essentially, a trademark is the distinct component you use in the market place to gain recognition for your business.

Wes: I've often heard the misconception that registering a business name protects your brand. Can you explain why this isn't the case?

Shelly: Yes, this is a common problem. In fact 82% of recently surveyed business registrants incorrectly believed their business name registration gave them this 'protection'. A business name only gives you the right to trade under that name in the respective state that you have registered it in. Trademark registration is the only registration that gives ultimate ownership rights to the mark so it can be used and promoted by the owner Australia wide. Trademarks are also not just limited to business names. You can register your business logos, product names and slogans too.

Wes: So what is the process and costs involved?

Shelly: Businesses can arrange their own trademark however it can be a complicated process. We take the headache out of the process for our clients while avoiding the excessive fees you may experience using a law firm. It is thought that you need a solicitor or an attorney to file a trademark application. This is not the case. The cost for trademark registration varies depending on the use of the mark. Trademarks are registered in categories or classes and the broader the goods and services that the mark will be applied to, the more classes of registration will be required. To give you an idea, for Complete IP to arrange a single, basic trademark in one class, from start to finish, will cost approximately $1395.00 over a 12 or so month period, and that's all for 10 years!

Wes: Okay so what does it take to get started?

Shelly: The first step is to conduct a trademark infringement search. This search will show whether someone else has already registered a mark the same or similar to yours. Regardless of whether you choose to use Complete IP or not I'd really suggest you do get professional advice on which classes you should consider. There are also options on whether you get your trademark for the logo as well as the name and even the slogan. Often, there are ways we can suggest you go about getting the Trademark to maximise the protection you are getting.