Navigating Trademarks: Your Brand’s Indispensable Shield

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BDC Partners Law navigates trademarks

There’s something about the sight of those golden arches that just gets your tummy
rumbling. And when you are overseas there’s nothing like a glimpse of the “Flying
Kangaroo” to make you feel homesick. For a trip back to the comfort of childhood just pick
up a packet of Arnott’s biscuits and the famous parrot will warm your heart. Why is it that
every Australian backpacker you meet will be carrying a tube of that vitamin rich brewer’s
yeast with the gaudy yellow and red logo? How did we come to instantly associate an apple
with cutting edge technology and a tick with quality sporting apparel?

Welcome to the wonderful world of trademarks, a brand’s opportunity to connect with us
so strongly on a personal level that we subconsciously attach feelings and memories to their
mark. Trademarks represent a range of expectations and emotions that we link to certain
brands, they act as a consumer information shortcut. Never underestimate their
importance, power, value or the length that companies will go to in order to protect this
precious asset.

All the trademarks mentioned above are some of the most famous and obvious ones, but
names, symbols, letters, words, smells, sounds, movement and packaging can also be
classed as trademarks. It can be a confusing area to navigate and that’s why BDC Law
can advise and guide you to take the stress out of trademark registration.

So, what’s the purpose of registering?

A trademark is a form of brand protection.

It’s the way your clients distinguish between your products and services and those of a
competitor. Ever wondered why your child will choose a Boost Juice over another
unbranded juice? That’s the power of the trademark. Boost is juice as far as most people are
concerned.

Trademarks are Valuable

They give the owner the exclusive right to use, license and sell the mark. It’s also a great
marketing tool, the success of your trademark is linked to business success. As your business
grows your trademark asset will appreciate. For example, Google’s trademark is worth $44
billion, that’s 27% of the company’s net worth!

It’s not your business or company name

You need a business or company name to run your business, but they don’t stop people
using the same name or similar. Likewise, a domain only secures your web URL, registering a
domain name will not protect you if someone wants to use the same name. A registered
trademark gives you the exclusive right to use that mark.

Our advice, don’t go it alone as there are plenty of mistakes to be made along the way.
Consider your brand a critical asset, let us help you do your due diligence before you invest
a lot of time and money. You need a trademark that will work for you, distinctly identifying
your business and protecting you from competitors, while not infringing on anyone’s prior
rights. Invest upfront and you will avoid the high costs of disputes and litigation. We will be
there every step of the way, right through to registration.

Discover more from the BDC Law team here.

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