As an electrician, you may not think protecting your intellectual property (IP) is a priority. However, in an industry where your reputation is crucial to your success, it is important to protect this reputation that you have worked hard to build. One way of doing this is by capitalising on your IP, which distinguishes your business from its competitors. This article will explain how to identify IP and the steps you can take to protect your brand.
How Do I Know If Something is Intellectual Property?
It can be difficult to define IP, and many cases question the definition.
First and foremost, you possess IP in the form of any sign that identifies your business to your customers. These most commonly come in the form of your:
- business name;
- product name; and
- any associated logos, icons or slogans you use in the course of trading.
These are known as trade marks. They operate as a ‘badge of origin’ that identifies you and your work. In turn, this helps consumers or clients to know that they are dealing with you and your business, as opposed to another local electrician.
Other types of intellectual property include copyright, design, patents and trade secrets, but trade marks are the most relevant way of protecting your brand.
Why Should I Protect My Trade Mark?
Without a registered trade mark, your business will be vulnerable to some of the more ‘dirty’ practices of unethical parties. These parties may attempt to capitalise on not only your brand reputation but also the fact that your mark is unregistered. While there would be legal avenues to address such a problem, it would be costly and time-consuming. Often, you can prevent this risk entirely by ensuring any and all of your trade marks are registered.
Once registered, you can use your trade mark registration as both a ‘sword’ and a ‘shield’. This means you can request other parties to stop using your trade mark if you discover they are using a mark identical or deceptively similar to yours, provided they are in the same industry. In addition, you can also use your registration as a defence – if other parties were to accuse you of infringing on their trade mark, you can provide proof of your registration to resolve the issue.
Continue reading this article below the formHow Can I Protect My Trade Mark?
You should register your trade mark via IP Australia’s application process. IP Australia is the governing body that assesses all trade mark applications and ensures they meet the standards required by law for registration. In general, a ‘smooth’ application with no issues raised will take around eight months in Australia.
Unlike registering a business name, applying for trade mark registration can be subject to refusal by IP Australia. This means that just because you have a registered business or company name in Australia, you are not guaranteed to successfully register that name as a trade mark. Therefore, you should seek experienced legal advice to minimise the risk of objection by IP Australia during your application.
Although it is certainly possible to register a trade mark without a lawyer, you will be required to learn about this area of law to ensure your trade mark complies with Australia’s various IP requirements. If you are not familiar with this area of law, you will risk losing a substantial amount of time and money in the event of a rejected application and may have to start over.
What Should I Do With an Unregistered Trade Mark?
While there are some limited legal protections for an unregistered trade mark in Australia, it is only by registration that your trade mark will have complete protection, and you will be entitled to exclusive use of it. Therefore, you should still apply to register your trade marks through IP Australia. In some instances, having years of evidence of your prior use of the trade mark may actually strengthen your application.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Key Takeaways
You may be looking to start your own electrician business or expand your already existing business. If so, you must consider protecting its intellectual property. At this stage of your business, the most important piece of IP that you own is most likely your trade mark. Therefore, it is highly recommmended that you begin the registration process as soon as possible to gain complete protection and ensure that you have the exclusive right to use your trade mark in Australia.
If you need help with registering your trade mark, our experienced trade mark lawyers can assist as a 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
Owning a registered trade mark gives you the exclusive rights to its use. This means that legally, you can prevent other businesses from using an identical or similar mark. As a result, your brand remains unique in the marketplace.
Assuming IP Australia raises no objections about your application, the registration process takes around eight months from start to finish.
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