Ok, so the headline of this post is intentionally provocative.
But it is true that a business name registration is next to worthless when it comes to brand protection. It is a common misconception that as the owner of a business name registration, you get some legal right to the name.
Let’s be crystal clear – you don’t.
You don’t get a lot of free kicks in business. Even less when it comes to the law. It’s rare to find something that has a lot of upside with very little downside.
Trade mark registration is not compulsory, it’s entirely optional. But registering a trade mark is one of those rare free kicks that you get.
Read on to find out why it makes sense to take it.
If you’ve read the first instalment of my Trade Marks 101 series, you’ll already have a general overview of key trade mark concepts. Over the next few weeks I’m going to take a closer look at some of those concepts.
First up, we’ll look at the question: what exactly is a trade mark?
And the best starting point is to look at cows. No bull.
Intellectual property is a complex beast that’s often misunderstood. And if you’re looking at information online, it’s hard to know if what you’re reading is right.
But it is possible to find useful and legally accurate information for free on the web. You’ll find my pick of the top five free online IP resources after the jump.
1. Will your brand name infringe someone else’s registered trade mark?
2. Is your brand name already being used by someone else?
To get the answer to these two questions, you need to do some searching. You’ll find a quick and dirty guide to DIY clearance searches after the jump.
I'm a technology and branding lawyer in Melbourne, Australia. I help businesses design and protect their brands. This is my blog on trade marks, branding and the law.
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