Look Before You Leap when dealing with Trade Marks

If you run a small businesses, you should carry out adequate due diligence before starting trade. One of the matters that you should check before starting trade is the name of your business or the name of your brand.

If you sell items or products under a brand name, you should also check if the name of your brand is similar to or would conflict with other products on the market. A thorough search of trade marks, brand names and business names should be carried out before settling on a name for your business or product.

You should also be mindful that a registered business name is not the same as a Trade Mark.

There is nothing worse than settling on a business or brand name and embarking on an extensive marketing project, only to receive a letter from a competitor saying that your business or brand name is similar to theirs. Failure to do the proper checks and searches may result in an expensive re-branding exercise.

If, after carrying out a careful search on trade marks and business names, you find that there are no similar sounding trade marks or business names, you should consider if the additional benefits of registering your business name or brand name as a trade mark.

Registering your business name or brand name as a trade mark can protect you from other people claiming that your mark is identical or similar to theirs. In addition to this, you may be able to stop others from using your registered trade mark.

It is always best to “look before you leap”, especially when it comes to these matters.

Author: Kenneth Ti

Kenneth Ti is an Associate Solicitor with Phang Legal and a graduate from the University of New South Wales. He is focused on providing services to small and medium sized businesses. He has a background in civil and commercial law. Kenneth is a strong believer in community services and pro bono work.