In Short
- Register your brand name and logo as trade marks to stop others from using them in the health industry.
- Make sure you follow rules from the Therapeutic Goods Administration (TGA) if you supply health products, including proper registration and packaging.
- Stick to advertising laws to avoid fines and protect your brand’s reputation, especially on social media.
Tips for Businesses
Protecting your brand is more than just having a business name. Register your trade mark, follow TGA rules if you sell health products, and stick to advertising laws. Keep an eye on how your brand is used online to avoid unauthorised use.
If you own a business in the healthcare industry, you will know that protecting your brand is crucial to distinguish your goods and services from other medical businesses in the market. A registered trade mark can provide you with the necessary protection over your brand, regardless of whether you are establishing your business or have been trading for many years. This article will discuss some issues healthcare brands face and provide five tips on safeguarding your health business’ brand before and after trade mark registration.
Avoid Descriptive Business Names
One issue health brands tend to face is choosing a name that describes the goods or services they offer. For example, consider the name ‘PHYSIO CLINIC’. Although a descriptive name may explain to consumers what your business does, you may encounter issues when applying for trade mark registration.
IP Australia is likely to object to a descriptive trade mark because it would unfairly prevent other businesses from using those words within your category of goods and services. For instance, consider the example above. Allowing a physiotherapy business to protect the word ‘PHYSIO’ would not be fair to other physiotherapy businesses, as they would also need to use that word to describe their services to customers in the ordinary course of trade.
Distinctiveness
You must ensure that the sign you wish to protect is distinctive within the health industry. IP Australia will not allow the registration of trade marks that they cannot distinguish from other businesses in the same or similar classes of goods and services. A quick question you can always ask yourself is whether the trade mark you are trying to register will likely need to be used by other traders without improper motive.
Continue reading this article below the formUnique Element
Additional stylisation through unique fonts or with a unique element is an excellent way to make your trade mark more distinctive. The more elements you add to your trade mark, the more distinctive it will likely become and the less likely you will face a distinctiveness objection during the application process. In addition, made-up brand names can provide greater protection, as it is unlikely that someone else will need to use a similar trade mark.
Thinking Ahead
As part of the trade mark application process, you must nominate which classes of goods and services are relevant to your business. Therefore, before applying, it is worth considering what kinds of goods and services you plan to offer. This is because once you file a trade mark application, you cannot add other classes of goods and services to that existing application. Instead, you will need to file a separate application. However, removing classes of goods and services after filing is possible.
Monitoring Your Trade Mark
Once you register your trade mark, it is essential to monitor any infringements. You can do this by:
- setting up a Google alert to notify you of any unauthorised use of your mark;
- searching the IP Australia database;
- utilising a trade mark monitoring and watching service; and
- checking whether your mark already exists as a business name through the Australian Securities and Investments Commission (ASIC).
Established Healthcare Businesses
In some instances, the rules of distinctiveness and descriptiveness in trade marks may become less strict. For instance, this might be the case if your health business has been operating for several years and you have developed a reputation in the industry.
So, if your brand name is somewhat generic or descriptive, IP Australia may be more open to accepting your application. Additionally, it would help if you could provide evidence that consumers would likely associate the trade mark with your business. It would be best to contact an experienced IP lawyer to help you with the application process if IP Australia raises an initial objection to your application and assist you in preparing and supplying evidence of use. This would need to demonstrate that your trade mark has acquired distinctiveness over time despite using descriptive or generic elements.
International Trade Mark Protection
Trade mark protection operates purely on a national basis, so registration in Australia will only provide you protection in Australia. If you are considering operating internationally, consider consulting an experienced trade marks lawyer to devise an international protection strategy.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Key Takeaways
A registered trade mark can protect your health business against other traders in the industry and help set your brand apart in the marketplace. Some key things to consider to strengthen your brand include:
- avoiding descriptive and generic names;
- incorporating unique elements into your marks;
- considering future plans; and
- monitoring for infringement.
If you need help protecting your health business’ brand, our experienced IP 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
Generally, you should apply to protect any trade mark you use to represent your business. This may be your business name, logo, icon, or product name.
We recommend applying for protection under classes relevant to your business and any classes covering goods or services you intend to provide in the near future. Registering in all classes would be extremely costly, and if you do not use your mark within all the classes, you risk losing your trade mark registration due to non-use (or lack of intention to use).
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