As a locksmith running your own business, your first priority as you establish your business will likely be everything associated with the day-to-day operations of meeting your clients’ security needs. One critical aspect when building your reputation is ensuring that you effectively protect your intellectual property. Safeguarding your IP might not seem like an immediate concern or high priority, especially when weighed against other pertinent commercial matters. Nonetheless, neglecting your IP may leave your business highly vulnerable, especially if it differentiates itself with unique craftsmanship. This article will explain how you can ensure IP protection as a locksmith.
Why Should I Protect My IP?
Generally speaking, one of the most valuable pieces of IP your business will possess is your brand and trade marks. These are any sign or symbol that customers recognise, and that you use to stand out in the marketplace, including:
- words (such as your business name);
- logos; and
- slogans.
This association is the reason why your trade marks are so important; they represent the reputation you have built as well as the resulting customer loyalty and trust.
While you can use an unregistered trade mark, this can leave you vulnerable to potential ‘copy-cat’ third parties who might start using your trade mark for their own business, seeking to profit from the high-quality reputation that you have built. This will have financial implications for your business, potentially confusing customers and directing them to your competitors. Additionally, this could have negative consequences on your brand reputation. In particular, the high-quality locksmith work you are known for is likely not what the ‘copy-cat’ business provides. As a result, customers might assume you are connected with them.
In the worst scenario, a third party might decide to apply to register your trade mark themselves, whether they are intentionally copying your trade mark or whether they are unaware you are using it. If they are successful, they could then prevent you from using the trade mark. You would then likely need to look into legal action to rectify the situation at that point.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
How Do I Protect My Trade Marks?
To gain protection for your trade mark, you must apply to register the trade mark with IP Australia. Unlike registering a business name or securing a domain name, registering a trade mark can be a little more complex and drawn out, with a ‘smooth’ application still taking approximately 7.5 months from filing the application to completing registration. However, your trade mark is deemed protected (if registration is successful) from the date that you first filed the application, not the date the mark is officially registered. This emphasises the importance of getting the registration process started as soon as possible.
Furthermore, IP Australia has strict requirements for successful trade marks registration, and it is very common for applications to receive ‘objections’. You must overcome these before the application can proceed. Because of this, it is highly recommended that you seek legal advice and engage a legal professional to prepare and file the application on your behalf. Having an experienced legal team keep an eye on your trade marks can be beneficial. In particular, if you encounter any issues with infringement in the future, your trade mark lawyer will have the full background to begin assisting you.
Continue reading this article below the formKey Takeaways
Unique branding that reflects high-quality locksmith services and creative work is key to your business’s growth and development. Therefore, protecting your IP and preserving customer loyalty with a trade mark is essential. The trade mark registration process takes place through IP Australia, and it is advised you seek legal advice to help minimise complications in registering.
If you need assistance with registering a trade mark for your locksmith business, contact our experienced trade mark lawyers 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 1800 532 904 or visit our membership page.
Frequently Asked Questions
Although you can use an unregistered trade mark, doing so leaves your locksmith business vulnerable to copy-cats using your branding. These parties may try to take advantage of your reputation, potentially harming customer relationships and retention. Therefore, you should register your trade mark to ensure exclusive rights.
Generally, a trade mark registration with no complications will take around 7.5 months. This is from the time of applying to the registration being complete.
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