Published on May 02, 2011 If you are yet to trademark your position in the market, do it today
More important than both your business name and your chosen brand is a trademark. A trademark is the only form of legal power that is recognised the world over, and if you don’t have trademark protection on your slice of the market, you are open to abuse of your intellectual property from a domestic or foreign competitor.
You may not have realised it, but consider this scenario: You have a business name in your state and and ABN nationwide using your business mark. You’re protected against someone else using your business mark in advertising without acknowledgement, and protected against someone outbidding you on your business name as a Google or Yahoo! keyword – right? Wrong!
Without trademark protection you are left to fall back on the common law protection of copyright which is much weaker and open to interpretation.
What’s more is that until your trademark is fully registered, you are unable to fully enforce your trademark protection (you can request that people respect your pending trademark, but can’t enforce it until the mark is registered. BUT, once registered, your trademark protection is retrospective to the date you first applied for it, so if you write to your competitors and then they ignore your request to do so, it is at their own peril!)
What can you do?
For an EXCELLENT review of trademark law in Australia with respect to Google Advertising, trademarks and your rights, we recommend you look at the article called “Google Adwords and Trademark Infringement” on the Stephens Lawyers and Consultants website. It is very a comprehensive, well-written article that is a great summary of law in this area and covers both legal cases and practical things that you can do (even with respect to the ACCC). We see this article as a must-read for anyone doing business online in Australia.
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Francisco Harris
Posted at 11:28 am, October 04, 2020In this part, the aim of the specific intellectual property right is analysed because of that it is crucial to understand why it is being used currently all over the World and it creates the grounds of this work.