Below is a typical example
Let’s say Anna opens a coffee shop in Canberra, calls it BLUE SKY COFFEE and then gets the registered business name for BLUE SKY COFFEE.
She knows some information about registered trademarks but thinks that as she has the business name for BLUE SKY COFFEE, so no need to register a trademark to save money.
One years later, Anna gets a letter from John, the owner of a coffee shop in Melbourne, claiming trademark infringement by Anna because he is the owner of a registered trademark for BLUE SKY COFFEE.
Therefore, Anna's business name for BLUE SKY COFFEE could be considered to be deceptively similar to John’s registered trademark for BLUE SKY COFFEE, and because Anna does not have a registered trademark and John does, he can force Anna to change her business name.
That is what could be happen to Anna, if she has registered her business name as a trademark. She could have saved a lot of time and money by getting her business name as a trademark.
Do you want to have the same trouble as Anna?
If not, get your trademark registered is the only way to secure your brand.
Do I have a legal obligation to register a trademark?
No, you may choose to register a trademark as part of a branding strategy. It is not mandatory.
But if you don't have a registered trademark, you don't have a legal right for your brand.
I am just a small business; do I need a trademark?
Yes, as a small business, you are at greater risk from not registering your trademark than the large one. As the large companies usually have the financial and legal means to protect their brands, or they can easily defend their cases if something wrong happens.
While, as a small business, we don’t have that.
That is why small businesses should fully protect themselves before spending time and money investing your brands to avoid the situation that Ann have encountered as the above example.
Need some advice on this?
We if you need more advice in your case, we offer a free initial consultation