There is a lot to consider during the initial phase of starting a business, especially when it involves developing an app. When you are in the early stages of developing an app, registering a logo may not be your highest priority. However, registering your logo as a trade mark will protect your brand, and investing in brand protection at an early stage will pay off in the future. This article will set out five reasons why your app needs a logo and why you should register that logo as a trade mark.
1. Protecting Your Brand Name
After creating a logo, you can register it as a trade mark. A trade mark can be any sign you use to distinguish your brand from other businesses.
Registering your app’s logo as a trade mark will give you the exclusive rights to use that logo, which will distinguish your brand from competitors. It also gives you the right to take legal action against any businesses or individuals that make unauthorised use of your trade mark. Once registered, your trade mark is initially valid for 10 years and can be renewed indefinitely.
It is important to note that if you register your logo as a trade mark and do not register your business’ name, you will not necessarily have exclusive rights over that name. However, if your logo incorporates your business name, it will provide at least some protection in the context of that logo. If you want the most robust protection in your business name itself, we recommend registering this separately as a plain word trade mark as well.
2. Creating a Strong and Trusted Brand
When launching your app, it is important to establish a trusted brand behind your business. Your logo, along with your business name, is an important part of your branding. An effective logo is instantly recognisable and becomes synonymous with your app over time. Your logo is your brand identity and should represent the values of your business.
Some of the world’s most effective app logos are simple visual representations that speak for themselves. The simpler the logo, the easier it is to remember. For example, the simple logos of WhatsApp, Uber and Facebook are all instantly recognisable.
The LegalVision Startup Manual provides guidance on a number of common challenges faced by startup founders including structuring, raising capital, building a team, dealing with customers and suppliers, and protecting intellectual property.
The guide includes 10 case studies featuring Australia’s top VC fund partners and leading Australian startups.
3. An Asset to Show Investors
Registering your logo as a trade mark early on creates a valuable intellectual property (IP) asset which you can:
- sell;
- license;
- assign; or
- transfer.
Registering your trade mark may attract investors who will know the asset is protected. For a registered trade mark to encourage investment, the entity that individuals will invest in must own the trade mark rights. This is especially crucial to know if you originally own the logo as an individual and then intend to change your business structure into a company. Here, you will need to ensure that you transfer the trade mark rights to your company.
4. Warding Off Competitors
Registering your logo as a trade mark gives you the exclusive right to:
- publish;
- license; or
- use the logo in the marketplace.
If a competitor attempts to use your logo, you can legally enforce your trade mark rights by taking action against potential infringers. One method for enforcing this right is to send a cease and desist letter. This informs the infringer that you will take action unless they stop their infringing conduct. You can also oppose the acceptance of a trade mark application that you think is too similar to your trade mark.
5. Facilitating Growth
Having exclusive rights over your logo means you can use it across new apps or other products as your business grows. By using a consistent logo across your business, your brand will become instantly recognisable, meaning that your new products may be more likely to be successful.
Through the use of consistent branding on your products, customers will begin to associate any subsequent products with the success of your first app. This is where the true value of a well-protected brand becomes visible and gains traction. Increased brand awareness can facilitate growth and investment in your company. Customers will trust your goods and services, because they identify your logo with high-quality products.
Key Takeaways
In today’s fast-moving tech marketplace, IP is one of your most valuable business assets. Registering your app’s logo as a trade mark can help protect your brand from copying by competitors. Registered trade marks are also a valuable asset that can assist with gaining the interest of investors and growing your business.
If you need help with trade mark registration, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A logo will enhance your app. Customers are likely to identify your business through your logo, as well as your business’ name or slogan. Launching an app that showcases your logo can be an effective marketing tool to help customers remember your business. Trade marks can then help protect that logo.
Registering your logo as a trade mark is an important step to take to protect your brand. It also creates a valuable IP asset for your business. Registering your logo as a trade mark ensures that you can take swift action against competitors who make unauthorised use of the same or a similar logo.
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