Intellectual Property Protection - Names
March 2014
We receive a lot of enquiries from clients seeking to protect intellectual property rights.
Frequently the requests deal with protecting a name of a business or the name of a product or service.
This is a very important part of protecting the value of your business. Readers need to remember that intellectual property goes a lot further, for example your particular special ways of doing things, marketing material, client lists and like are all items of intellectual property that require protection.
In relation to names and products, the most well known way of protecting them is through application for a trademark, which gives a level of exclusivity in that name or logo (or combination). There are also other items that can be the subject of a trademark application such as a unique smell or sound. The important thing is to understand what is unique about your particular name or product and then make your application in a way that gives you the best chance of having it accepted.
Sometimes it is just a matter of applying and then providing evidence because in some cases if there are other similar trademarks around, the fact that you have been using it for some time may ultimately give you an element of protection.
Again, it is best to try to get the application right at the beginning even if you do have to provide further evidence later on, so as to maximise the chances of your trademark being successful and giving you that level of protection back to the day when you actually lodge the application.
We assist our clients regularly in getting these trademark applications through in the best possible way. We also provide a broad range of intellectual property advisory services as part of our general business and commercial law services.
John Graves
Principal
Bradfield & Scott Lawyers
Telephone: 9233 7299
Email: jgraves@bradscott.com.au
Frequently the requests deal with protecting a name of a business or the name of a product or service.
This is a very important part of protecting the value of your business. Readers need to remember that intellectual property goes a lot further, for example your particular special ways of doing things, marketing material, client lists and like are all items of intellectual property that require protection.
In relation to names and products, the most well known way of protecting them is through application for a trademark, which gives a level of exclusivity in that name or logo (or combination). There are also other items that can be the subject of a trademark application such as a unique smell or sound. The important thing is to understand what is unique about your particular name or product and then make your application in a way that gives you the best chance of having it accepted.
Sometimes it is just a matter of applying and then providing evidence because in some cases if there are other similar trademarks around, the fact that you have been using it for some time may ultimately give you an element of protection.
Again, it is best to try to get the application right at the beginning even if you do have to provide further evidence later on, so as to maximise the chances of your trademark being successful and giving you that level of protection back to the day when you actually lodge the application.
We assist our clients regularly in getting these trademark applications through in the best possible way. We also provide a broad range of intellectual property advisory services as part of our general business and commercial law services.
John Graves
Principal
Bradfield & Scott Lawyers
Telephone: 9233 7299
Email: jgraves@bradscott.com.au
