Things To Know Before You Apply For A Trademark
Introduction You decide to open an online store. Then you put in the effort to develop a solid foundation for your company. Consumers have developed a positive opinion of your brand and its items. Then one day, a long-time customer sends you an alert. Someone is taking advantage of you. They've copied your product, logo, and business name, and are profiting purely off your hard work and originality.
Could all of this have been avoided if your intellectual property had been trademarked? Yes, it appears to be a major hassle, but it may be worthwhile. What exactly does it entail, anyway?
Trademark Your Business While you can never totally exclude copycat competitors, trademarks can provide an additional degree of protection. In the event of a legal disagreement, you can use your trademark as proof of your idea and that you were the first to come up with it. Ecommerce entrepreneurs frequently ignore trademarks due to their hazy nature and the fast-paced nature of the industry. They are, nonetheless, a valuable asset for any firm, and their worth grows over time. I've got you covered today if you want to learn more about how to trademark your business name, what additional parts of your firm you can trademark, and much more. I contacted numerous trademark and business attorneys in the industry to get answers to the burning trademark questions that keep fledgling entrepreneurs awake at night.
Before we begin, I must emphasise that there is no alternative for talking with a legal practitioner. I'll walk you through the fundamentals of using this critical intellectual property instrument. Please contact a legal consultant for particular counsel (we'll go over how to employ competent attorneys shortly as well).
Online Business Trade Marks To register a trade mark for your internet business, you must first evaluate the nature of your business and determine what items or services you offer and how to define them. When filing a trade mark application with IP Australia, you must specify the goods or services for which your trade mark will be used. You'll also need to figure out which groups your products or services fall under.
It can be difficult to know what to include in your application and which classifications they belong to. Furthermore, due to the nature of their operation, most internet enterprises would have to nominate more than one class in their application. If you run an online marketplace for wine wholesalers and buyers, for example, you might want to seek protection for your trade mark across a variety of classes. Class 33 contains alcoholic beverages (excluding beers), class 32 includes beers, and class 35 includes the establishment of an online marketplace for buyers and sellers of products and services. Furthermore, if you've created a non-downloadable tool for this industry, then you may need to file a claim in class 42 for online provision of nondownloadable web-based software or applications.
Startups and Trademarks Many startups are run entirely online. As a result, while registering a trade mark for a startup, the same online business factors must be considered. For many company founders, trademarking their brand name and logo comes first. You should consider protecting your trade secrets and patents if you have complex intellectual property assets.
Conclusion When you apply for a trademark keep in mind that the Trade Marks Act requires that trade marks meet certain requirements in order to be registered. Familiarizing yourself with how your trade mark will be evaluated can mean the difference between choosing a trade mark that will pass examination in 7.5 months (the shortest time a trade mark can be registered) and a trade mark that will not be registered.
The trademarking lawyers at IP Partnership can help you register your trade mark for your online business or startup. If you have any questions, please contact us at 1300 544 755.