10 Things to Know Before You Bring Your Startup to Australia: 9 – Protecting Your Brand

Protecting Your Brand

Whether you are registering as a foreign company or setting up a new company in Australia, you will need to protect your intellectual property (IP) by registering your trading name. But establishing your Australian presence and protecting your brand requires more than a trading name.

A company name or a registered business name only affords you protection from someone attempting to register the same company name or business name. If you require further protection, you should register your business name and/or logo as a trade mark in Australia. You can check the Australian trade mark register for already registered names, taglines and logos. A successful trade mark registration will prevent others from being able to use a name or logo, in a similar eld or industry as your business, that is exactly the same as or deceptively similar to the one you successfully register. It will give you an exclusive and enforceable right to this IP.

Not only does trade mark registration prevent others from using similar marks, it also allows you to license the right to use the trade mark to others. This expands the reach of your brand presence and strengthens the value of your trade mark.

In addition to trade mark protection, you should look to obtain an Australian domain name (for example, registering yourbusiness.com.au).

Most likely, the development of a strategic and locally focused marketing strategy will be more important than a physical presence in Australia.

Trade mark registration in Australia lasts for 10 years from its filing date.

If you have questions about this Manual or about your online business before you start reading, you can contact LegalVision’s startup lawyers by calling 1300 544 755 or filling out the form on this page.