In Short
- Conduct thorough market research to ensure your brand stands out from competitors.
- Protect your brand with trade mark registration for business names, logos, and unique products.
- Monitor the market and enforce your trade mark rights to prevent misuse or infringement.
Tips for Businesses
When protecting your tech business brand, start with a unique and memorable trade mark. Ensure it doesn’t conflict with competitors and consider international registration if expanding globally. Regularly monitor your brand’s use and take action if others infringe your rights. Consulting a trade mark lawyer can help with legal strategies and protection.
When starting a tech business, it is important you develop a strong brand so that consumers can readily distinguish your goods and services from your competitors. This is because the technology sector is one of the fastest-growing industries in Australia and the world. However, you must also take the necessary steps to protect your tech business’ brand once it is established. This article will explore four ways you can protect your tech business brand.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
1. Do Your Research
Before launching your online brand, you will likely have:
- researched the marketplace; and
- gained some insight into what your competitors are doing and how they represent themselves to consumers.
If you have not done this already, we recommend you do so.
Not only do you want to provide a product or service in the tech industry that is better than your competitors, but you also want to ensure that consumers will recognise and remember your business and what you offer.
You might be providing similar goods or services to another company, which is very common in the tech industry. This is why your brand must be unique and memorable. Knowing how your competitors have branded themselves is crucial so that you can brand your business differently.
2. Protect Your Brand by Obtaining Trade Mark Registration
Obtaining trade mark registration is a crucial way to protect elements of your brand, such as your:
- business name;
- logo;
- slogan; or
- even the name of a unique product or service you have developed.
Say you have developed an online platform for selling, buying and trading Non-Fungible Tokens (NFTs), such as digital art, music or collectibles. Although your platform’s name is different from your business name, you could apply to obtain trade mark registration for the name of the platform service.
A registered trade mark gives you exclusive rights to use that trade mark in connection with the types of goods and services you offer. Further, it gives you exclusive rights to license and sell your trade mark.
Suppose you are in the early stages of developing your brand. In this case, you should avoid attempting to register a trade mark that is overly generic or merely descriptive of your goods and services. Instead, you should aim for a distinctive trade mark that uniquely identifies your business.
For example, if you name your platform ‘NFT BUY & TRADE’, IP Australia will likely refuse your trade mark application as the name is too descriptive of your service. However, suppose you have named the platform PENINSULAR. In that case, you will likely not face this objection as the word PENINSULAR has nothing to do with the selling and trading of NFTs and is not a word other traders in the marketplace would need to use daily.
You can register your trade mark overseas to market or sell to international customers. Obtain trade mark registration in each country in which you want to use your trade mark. You may obtain trade mark registration by filing directly in each country you wish to trade overseas. Alternatively, you can apply via the Madrid Protocol. Further information about the Madrid Protocol can be found here.
Trade marks are ultimately a valuable asset to your business. As your business grows, your brand’s value increases alongside your trade mark’s value. This is good to remember if you intend to sell your business later.
Continue reading this article below the form3. Monitor the Market and Enforce Your Rights
Once you obtain trade mark registration, you must use your trade mark. This might seem obvious, but if you do not use your trade mark, a third party could apply to have your trade mark removed from the trade mark register.
In addition to using your trade mark, you should monitor the marketplace and the Australian trade mark register. This way, you can ensure that no one else uses an identical or similar mark for similar goods or services.
For example, if it comes to your attention that another company has established a platform to sell, buy and trade NFTs, and they have named their platform PENINSULA, which is deceptively similar to your registered trade mark PENINSULAR. Your trade mark rights allow you to take action against that other company to stop them from using that name.
4. Speak To a Legal Professional That Specialises in Trade Mark Law
A trade mark attorney or lawyer has specialised knowledge in trade mark law. They can assist you with a wide variety of matters relating to trade marks, including:
- brainstorming brand protection strategies;
- applying for a trade mark in Australia and overseas; and
- monitoring the trade mark register and enforcing your trade mark rights.
5. Leverage Copyright Protection
While a registered trade mark will protect your brand identity, copyright law protects the original works your tech business creates, such as:
- software code;
- websites;
- mobile apps; and
- other digital assets often at the core of tech businesses.
Unlike trade marks, copyright protection is automatic as soon as you create the work. While you cannot protect the idea or functionality behind your software, the specific code and original elements of the user interface are protected.
Remember that, like trade mark law, copyright laws vary internationally, so if your tech business operates globally, you may need to consider copyright protection strategies for different jurisdictions.
Key Takeaways
One of the best ways to protect your tech business’ brand is by obtaining trade mark registration, for example, registering:
- your business name;
- logo; or
- another word or symbol associated with your goods and services as a trade mark.
Once registered, you should enforce your trade mark rights when necessary.
If you need help protecting your intellectual property, 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
Obtaining trade mark registration is crucial to protecting your tech business’ brand. You can apply to register your business name, logo or even the name of a particular product or service you sell as a trade mark.
A trade mark is a sign, symbol or word representing your company and distinguishing your goods and services from your competitors. A registered trade mark gives you exclusive rights to use that mark in connection with the goods and services you offer.
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