You need to know what you can and cannot do as you may be infringing upon trademarks owned by others. Business Names, Company Names and Domain Names DO NOT offer you any protection. Trademark protection does!
Trademark protection can be an inexpensive exercise or process. No matter how small or large your business is, you need to protect your business assets, or you risk losing your rights. At the very least, your business should be aware of trademarks and how trademarks effect your business. A registered trademark is a tradeable piece of property.
Obtaining registration of a trademark in Australia can be a rather lengthy process. Currently it can take from 9 - 12 months and longer (providing there are no delays). This does not mean you have to wait this long in order to use your trademark. You can commence using your trademark - with the ™ symbol - from your initial date of lodging the application. This DOES NOT mean that you can claim registration, as at this stage your trademark application is JUST THAT, an application for registration.
The use of the ™ symbol basically means that your trademark is pending, and it also acts as a notice that you are claiming rights in relation to the goods or services with which it is being used to identify.
As mentioned, it is a lengthy process to obtain registration of a trademark, so it is prudent of you to ensure that you have undertaken the required checks (as much as possible) and that you will be able to continue using your mark, without having to possibly change it after investing many dollars.
HOW SECURE ARE YOUR BRANDS?
Many of you will have seen numerous media reports or articles over recent
months regarding companies involved in costly defence of their intellectual
property.
Whilst defending your registered trademark/s and designs is of course sometimes
your only recourse, often this could have been avoided if the trademark owner had ensured
that their current Trademark, packaging design , or logo was protected.
Contact TradeMarks Australia™ for free advice if you are unsure whether
your existing trademark/s warrants further protection
Read more about obtaining trademark registration in Australia