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When starting an e-commerce business, protecting your intellectual property can be very beneficial. While it might be a low priority for you if you are starting, putting some time, effort and money into protecting your intellectual property can prevent issues later on. This article will explore common e-commerce trade mark mistakes and highlight what to do when starting a business.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Consider Brand Protection
Once you establish a brand for your e-commerce business, applying for trade mark registration is a good idea. For example, you could submit a trade mark application with IP Australia to register your business:
- name;
- logo; or
- tagline as a trade mark.
Protecting your brand from the beginning will be worth it in the long run. Having a memorable brand is essential for the growth and success of your business and often differentiates you from your competitors. However, if you do not adequately protect your brand, you risk another trader copying your brand or registering a similar trade mark before applying for yours. Ultimately, enforcing your unregistered trade mark against a registered one can take a lot of work.
Business Name Registration vs Trade Mark Protection
Registering a business name does not mean you have exclusive rights to use that name. Instead, business name registration is a way to inform the government that you are trading under that name, and it is a way for the government (and consumers) to identify your business.
If you want exclusive rights over your business name to stop anyone else from using your name as a trade mark for similar goods and services, then you should protect your name through trade mark registration.
Continue reading this article below the formDomain Name Registration vs Trade Mark Protection
A trade mark is not the same as a domain name. A domain name registration alone does not afford you trade mark protection or rights. However, licensing your domain name is essential to establishing your e-commerce business. Once you secure your domain name, you should also look to obtain trade mark registration for the essential brand elements that consumers recognise and remember.
Registering a Brand Without Securing URLs or Social Media Accounts
Suppose you file a trade mark application for your business name but still need to secure a domain name or social media account name that syncs up to your trade mark. This is not the end of the world. However, your customers may need clarification if your URLs and social media handles differ from the trade marks you are providing your goods and services.
In particular, for an e-commerce business where the majority of sales and customer interactions with your business are through online channels, it is preferable to have all your names sync up nicely.
Your Brand Name is Too Descriptive
IP Australia will not accept trade marks that do not have an inherent capability of distinguishing the goods or services provided under that trade mark. IP Australia may not accept your trade mark if you use a word that is:
- descriptive of your goods and services; or
- commonly used by other traders to describe their goods and services in your industry,
To avoid this, when developing your brand, you must use words that have nothing to do with what you are selling.
Not Registering a Trade Mark
It is common for e-commerce businesses to avoid applying for trade mark registration. Some businesses might think it is not worth it or want to rely solely on their reputation to stand out from the competition. However, there is a high risk that another trader will copy your brand and take your customers away. If this happens, you risk tarnishing your reputation if the trader’s goods or services are of lower quality than yours.
Key Takeaways
Obtaining trade mark registration for your essential brand elements, such as your name or your logo, is a great way to set you off on the right path for brand protection. Therefore, before launching your e-commerce business, you should research to make sure your trade mark is available. This can avoid the costs and effort of rebranding later down the track.
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 trade mark is a sign used by businesses to represent their business and brand in the marketplace. It is used to distinguish their goods and services from those of their competitors.
No. Registering your business name does not give you trade mark protection or rights. You must apply to register your name as a trade mark with IP Australia.
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