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.
Why choose Phang Legal for your business?
There are many lawyers and law firms to choose from, but it can be challenging to make the right choice. At Phang Legal we are dedicated to serving other business in the best way possible – after all, we know what it is to run business and to be a consumer of professional services ourselves. We appreciate the value of professional advisers who can provide the right service at the right price and we aim to be what we expect most. We deliver nothing less and we think you should expect nothing less.
With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, our lawyers assist businesses from across all suburbs of Sydney and beyond.
Associate Solicitor – Sydney