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Starting a New Business - How to Trademark My Business Name?

Discussion in 'Intellectual Property Law Forum' started by RogerS, 10 April 2014.

  1. RogerS

    RogerS Member

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    I'm starting a new business, but have received different answers when I've asked around friends and family about how to best protect and trademark my business name.

    I've registered my new business name as a .com.au domain name and my accountant has setup a Pty Ltd company for my business. What else should I do to protect and trademark my business name?
     
  2. Ryan M

    Ryan M Member

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    g'day RogerS,

    if you have already registered your company name and .com.au domain name, you should also consider:

    1. registering domain names for any other countries that you intend to expand your business to (e.g. .co.nz for New Zealand and .com/.net for worldwide domination).
    2. registering your business name as a trade mark. I suggest that you visit the IP Australia website for more information and contact a trade mark attorney to search and apply for your trade mark. From my own experience, trade mark registration can be a lengthy and costly process if your business name is quite common!
    3. register your business name as a business name with ASIC.

    good luck with your new venture!
     
  3. Sophea

    Sophea Well-Known Member

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    A trademark is probably your next best step. The IP Australia website has been set up so that business owners can search and apply for registration of their own trademark without a lawyer, but lawyers can make the process more streamlined for you.

    The first thing you will need to do, after finalising your name and visual logo (if applicable) is to decide which category your products / services fit into. Then you should conduct a free search of their database here: http://pericles.ipaustralia.gov.au/atmoss/falcon.application_start, to see if the trademark you want to use is available in the categories that apply to your products and services. If its free you can then start the application process. You can read more about the application process here: http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-mark-application-process/
     
    Jennifer J likes this.
  4. Tim W

    Tim W Lawyer

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    Generally speaking, simply registering a business name
    does not create any kind of enforceable right
    in the way that a trademark does.

    Likewise, being the holder of a registered business name
    does not afford you any rights in respect of a(any) domain(s).

    Otherwise, I agree with the suggestions above.
     
    Natasha Dao likes this.
  5. Jennifer J

    Jennifer J Active Member

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    Hello Rodgers,

    Please click here. You will get to know the requirements before you apply.
     
    Tim W likes this.

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