Are you looking to start your own bricklaying business, or expand your already existing bricklaying business? If so, it is imperative that you consider how you are going to protect the intellectual property/trademarks of your business. Many business owners fail to take into consideration the value of the intellectual property of their business, and although this attitude is understandable, it can prove to be disastrous in the long term. Unless you have prior legal experience, intellectual property is probably not your area of expertise. Nevertheless, it is important that, as a business owner, you have some understanding as to how this area of law affects the day-to-day running of your business.

Therefore, first and foremost, you should know that not all areas of intellectual property are inherently protected at law. As such, unless you protect your business name, logo, trademarks, techniques or anything unique to your business, then your competition could use them and apply to register them. As a result, it is important that you are aware of the areas of intellectual property law that are most significant to your bricklaying business.

Why should I protect my trademarks?

Trademarks are one area of law that every business owner should have an understanding of, as they steer public awareness of your business and keep customers coming back for more. A trademark is any mark that is used by your bricklaying business to distinguish your products or work from that of your competition. A trademark can be any letters, words, diagrams, colours, smells, and so on, provided it is used for the purpose of identifying your business.

So why should you protect your trademarks? Well, because if you fail to protect your trademarks you risk losing the soul of your business. Imagine if Coca-Cola failed to protect its trademark. It would mean that anyone who made anything, whether it’s drinks, lollies or even houses could use the iconic swirling writing to gain the trust of the general public. More importantly, in terms of your bricklaying business, if you fail to protect your trademarks, it means that any business can use your mark to gain customers. In practice, this means businesses use inferior products and do an inferior job, and dissatisfied customers will come to you to complain. Therefore, if you fail to protect the trademarks of your bricklaying business, your entire reputation can be tarnished without you having any access to a legal remedy.

How can I protect my trademarks?

Protecting the trademarks of your bricklaying business involves a process called registration with IP Australia. It entails identifying your trademark in prescribed documents, paying a filing fee, having your trademark scrutinised by IP Australia and then eventually, all things going well, having it registered. Unfortunately, registration can prove to be a somewhat onerous process for many business owners, as one mistake or query, and you will have to begin the process all over again. Also, this can be problematic because legal protection begins from the date the trademark is filed for registration. Therefore, if you are required to start the process all over again, then legal protection is pushed back also. As a result, you will have no legal recompense over a business using your trademark during the first registration period.

As a result of these difficulties surrounding the registration process, it is advisable that you seek the advice of a legal professional before registering your trademark. Not only will this make the process run more smoothly, but it will also mean that a legal professional is familiar with your trademark. Should another business seek to contest the registration of your trademark, an IP lawyer will advise you accordingly as to the prospects of a successful registration.

Conclusion

Are you looking to start your own bricklaying business or expand your already existing bricklaying business. If so, it is imperative that you consider how you are going to protect your intellectual property. Trademarks are not inherently protected by law, meaning that they are one of the most vulnerable areas of intellectual property for any business. Also, trademarks often form the basis of the relationship between your business and your customers. As a result, some unscrupulous business owners will look to take advantage of this fact by using your trademarks as their own. Unfortunately, if your trademarks are not protected, you will have no legal recompense to this situation. Therefore, you should register your trademarks with IP Australia as soon as possible, making sure you seek legal advice before doing so to ensure the process runs as smoothly as possible.

If you have any further questions relating to how to protect the intellectual property of your business, feel free to call LegalVision for a fixed-fee quote.

Adi Snir

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