Bulletin

October 1, 2011

A New Generation in Trade Mark Protection

Do you require fast and professional assistance with your trade mark application? Trade Mark Zone is an assisted trade mark filing service offering expert trade mark assistance for anyone applying for a trade mark at cost effective prices.

What is a Trade Mark?

A trade mark is a unique identifier associated with a particular company, often referred to as a brand or logo. It serves as an indicator of the origin of the goods and/or services i.e. the company who provides or manufactures them. Trade Marks come in a number of forms. For example:

2. Logo
This gives you protection for the overall appearance of your brand

3. Device
This gives you the broadest protection for the individual device components in your mark

1. Word Mark Zone IP

This gives you the broadest protection for the name of your brand in any representation i.e. font, size, case, colour.

4. Slogan Evaluate | Secure | Guard

This gives you protection in the statements which supplement your primary brand

Trademark Zone | www.trademarkzone.co.nz | www.trademarkzone.com.au

What trade marks should I register?

Register all components of your brand if the budget allows for it. However, if you are not in a position to extensively protect your brand below is a diagram of the order of relative importance in terms of protection for your brand (the most important being the WORD):

What to think about when creating a brand?

Ensure your trade mark is unique! Some of the most successful trade marks in the world are ones which have no correlation to the goods or services themselves. Your mark can make reference to your goods or services in a clever way. However if your mark directly describes the goods or services that you provide then it will be difficult to get trade mark protection for it and not to mention hard for your customers to remember you by!

Word Device Word and Description Logo

What is the purpose of a trade mark?

Effective trade marks distinguish you from your competition! There purpose is to create a distinctive and memorable brand that consumers will associate with you. Good service and effective branding will go a long way to repeat or referral business meaning more money in your pocket!

Why get a trade mark registration?

Protection! Trade mark registrations are legal recognition of your ownership of your trade mark. Obtaining trade mark protection ensures: 1. Puts people on notice that you have ownership in that mark 2. Gives you a fair indication as to whether you are actually infringing on someone elses mark 3. Gives you a solid legal platform in the event that someone infringes your mark. 4. Acts as an asset should you sell your company 5. In essence, a trade mark registration gives you certainty and it acts as an insurance policy for your companys reputation and goodwill.

Trademark Zone | www.trademarkzone.co.nz | www.trademarkzone.com.au

Other important things to know!

You can use the TM symbol at any time to indicate that you are using this as a trade mark. However, this is not a substitute for an actual registration. You are only entitled to use the Registered symbol if you have a registered trade mark. Trade marks are territorial! In other words, if you decide to take your goods or services into other countries, you will need to obtain a trade mark registration in that country also. An Australian trade mark will not protect you.

Dont necessarily use a name that tells it like it is

Recently there has been a trend toward business owners choosing a name that describes their services or products. As small businesses, we have to be smart about getting the best bang for our buck. And a business name linked directly to our service offering seems like a clever way to communicate clearly with our customers. So what, then, is the downside to using names like Car Repair Services or Home Cleaning Services? Trade marks like these can never achieve statutory protection, because they are descriptive and non-distinctive. They are names that are unlikely to become an asset that has value in its own right.

Spelling is important
Your English teacher will say: I told you so, but spelling really does count when business names need protection. Purposely-misspelled names done to capture matching domain names are not easy to protect and most people just see them as a spelling mistake.

Dont give your business a bad name!

Could naming your business be likened to the trauma of naming a child? For instance, what was Richard Branson thinking when he called his business Virgin? Ideally you want a name that stands for something, is memorable and instantly recognisable. Whos to say you wont be the next BHP Billiton, or Coles Group - we all have to start somewhere, right? But how to choose a name should it be funky, should it be directly related to the industry you work in, or should it be a clever play on words? And how do you protect it?

Do your homework before you decide

Brand names like Apple, Google and Blackberry are very memorable, despite not being directly related to their service offering.

Trademark Zone | www.trademarkzone.co.nz | www.trademarkzone.com.au

What can Charlie Sheen teach Australian business owners?

Wannabe entrepreneurs and business owners can take a lesson from Charlie Sheen on how to turn invented words and phrases into cash, by applying to register them as trade marks. While the actor comes across as wild and erratic, hes demonstrating more entrepreneurial sense than most. The Two And A Half Men stars recent move to trademark 22 catchy phrases like Tiger blood, Violent torpedo of truth, and Adonis DNA for use on promotional items like t-shirts and mugs, demonstrates that taking interesting phrases and protecting them, can be profitable. You dont necessarily have to be famous. For example, the original yellow smiley face was created in December 1963 by Massachusetts graphic artist, Harvey Bell, for a State Mutual insurance company campaign. Neither Bell nor The State Mutual Insurance company registered their trade mark, so neither made any money from it. In Australia anybody can register any slogans they want, provided they use them on the goods and services they are providing such as printing them on to clothing or key rings but phrases are not used within a three year period can be revoked.

Its not expensive or difficult either, but it is advisable to use a professional because it does require a considered approach not all applications are successful. Trademarks are an investment and they can make you money, but only in relation to the goods and services you specify. You dont get a monopoly over all goods and services and it is best to register invented slogans before they become commonly used. The value of the intellectual property of a business is often greater than the value of its capital assets. Unlike traditional capital assets, intellectual assets tend to appreciate in value. Therefore, make up a name that you like the sound of, and get a professional to check it out for you. People invest time, effort and money into their business and yet many overlook the importance of legally protecting their intellectual property. In todays competitive and global market it is essential for you to protect these intellectual assets. While the increasingly globalised world allows information on your products or service to be more freely available to the public, it is also more freely available to your competitors. As a consequence it is now much easier for a competitor to take advantage of your hard earned reputation.

Contact

Theodore Doucas Principal Consultant

Shannon Brown Senior Consultant

Email: admin@trademarkzone.com.au | Phone: 02 9089 8991

Trademark Zone | www.trademarkzone.co.nz | www.trademarkzone.com.au