A number of businesses will trade in their personal or company name. Other businesses will trade in a registered business name. However, neither scenario will necessarily prevent third parties in Canberra, Australia or even the world, from using that name in connection with their own goods and services.
This is because a name does not confer an exclusive legal right to use that name. While you may be able to prevent another business using your business, or the names of your goods or services, where there is clear evidence they are trying to pass off on your reputation, legal action to enforce your rights can be complex, time-consuming and costly.
At Griffin Legal we recommend our clients protect their branding (including business names, product names and logos) by registering them as trade marks with IP Australia. A registered trade mark can be used to more effectively prevent other people from using similar trade marks in the marketplace. The protections afforded by registration last for 10 years, and a trade mark’s registration can be renewed indefinitely.
At Griffin Legal, we regularly provide advice to local and national businesses on identifying, registering and enforcing their branding and trade marks. We presently offer clients our experienced and effective trade mark services through fixed-fee arrangements for the registration process and for maintaining a watching brief for names, logos and other branding out in the marketplace that may conflict with our client’s trade marks.
For more information about our trade mark services, please contact Partner Claire Carton.