Intellectual Law - Trademark, Copyright, Patents

Many people in small business think that because they have registered a trading name or a company name, that their rights then to this name are perfect. That is an incorrect view.

Registration of a business name or company name only really puts your business ‘on the government radar’ so to speak. That is to say, this registration notifies the government and the population at large that you trade in business. Whilst there are some right you can very expensively enforce against others using your business name - ‘passing off’ as you, these remedies are indeed expensive – you may not see much change out of ($50-100,000).

Additionally, if you only have a NSW registered trading name, then any protection you might find in legal action will only realistically apply to NSW.

These principles also apply to brands you may market. If you market a product using a name, and it is not trademarked, then without more there are only limited ways in which you can stop others using your brand name. Trademark provides a superior protection!

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