Trademark names are important because it protects the words, names symbols, sounds or colours that distinguish your product. Any sign that is capable of being represented graphically and is able to distinguish the goods and services of one person from those of another can be registered. You can continue renewing your trademark forever as long as it is being utilised in business. Having your name registered is beneficial as it gives helpful notice nationwide of the owner's claim. It is also useful when wishing to obtain registration in other countries.
When your trademark name is registered you have the exclusive right to use it and others cannot use it. In addition no one can make use of one that is indistinguishable from yours or a trade mark that is very similar to yours in that it might mislead or cause confusion in the process of trade. Owners may give or permit their registered mark to another person. Trade mark names registered in the country the business operations may only be able to obtain protection within that country. To receive protection in other countries an application needs to be filed with intellectual property offices in countries overseas that are of interest.
The ultimate protection for your trade mark name is to register it under the relevant Trade Marks Act for your country of business. Just registering a business name or domain name does not provide protection from anyone else using it. If other businesses start using your business name and you haven't registered it under the relevant Trade Marks Act you will have to rely on other trading acts that may not guarantee successful legal action, as they rely on the reputation of the business as to how much your rights to it can be enforced. If a business operates locally rather than nationally and has a good local name, other businesses can set themselves up in another part of the country and can start using your brand name. Because of common law rights, you will struggle to prevent this because nationwide reputations are considered to have more weight.
As branding tactics are becoming progressively more international, companies with a strong local status need to take action to register their trademark names in order to safe-guard their rights to a brand name. When setting up a business, registration should preferably be done as soon as possible so development is not limited. It is important not to presume that a business name or domain name that is available can actually be utilized. It is possible that it could violate another trademark which can prevent the new business from continuing operation. A trade mark can become a valuable business asset and can form part of your succession planning including ensuring that you maintain the registration and keep your details up to date.
Your brand is your business and you need to ensure that you protect it locally, nationally and internationally. In this digital age keeping your trade mark safe is an essential part of your business, you wouldn't run a business without insurance and protecting your brand is just as important.
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