If you are wondering how best to protect your intellectual property as an art gallery owner, one thing you should consider is protecting your important brand elements through trade mark registration. This article will detail the basics of trade marks for art gallery owners.
What is a Trade Mark?
A trade mark is a sign a business uses to represent its business and brand in the marketplace. It distinguishes your goods and services from those of your competitors.
Examples of common trade marks include logos, business names, names of products or services, or a business’s slogan.
If you own an art gallery, the unique name of your art gallery may be a trade mark if that is how consumers recognise your business.
Trade marks are a valuable asset to your business. As your business gets bigger and more successful, the value of your brand increases, as does the value of your trade mark. This is good to keep in mind if you intend to sell your business later.
How to Protect Your Trade Mark
Obtaining trade mark registration is a key way to protect elements of your brand, such as:
- your business name;
- logo;
- slogan; or
- the name of a unique product or service you have developed.
A registered trade mark gives you exclusive rights to use that trade mark in connection with the types of goods and services you offer. It also gives you exclusive rights to license and sell your trade mark.
For example, suppose you own an art gallery named “XANI ART GALLERY”. You would not be too happy if someone opened a gallery, 5 years after you established it, named “XANI ART” in the neighbouring suburb. If you have trade mark rights to “XANI ART GALLERY” and the other gallery owner does not, you can rely on your trade mark registration rights to stop that other gallery from copying your name and confusing consumers in the marketplace.
In Australia, you can apply for a trade mark by filing an application with IP Australia. You can also register your trade mark overseas if you intend to sell to international customers. However, it is important to note that an Australian trade mark registration does not protect the use of your trade mark overseas. You must obtain trade mark registration in each country you want to use your trade mark.
Continue reading this article below the formWhat Are the Legal Requirements?
IP Australia is the governing body that examines trade mark applications. There are several different things an examiner at IP Australia will consider when examining your trade mark application. Common considerations include, but are not limited to:
- whether there is an identical or similar trade mark already on the register for similar goods or services;
- whether your trade mark is too generic or descriptive of your goods and services;
- if your trade mark incorporates the name of a geographical location; and
- if your trade mark is scandalous or contrary to law.
It is a good idea to seek advice from a trade marks lawyer before you file an application, as they may be able to advise whether there are likely to be any issues with your trade mark before you spend the money and file an application.
Things to Consider if You Own an Art Gallery
Art galleries are often named based on their geographical location. For example, the Art Gallery of New South Wales or the National Gallery of Victoria.
However, smaller and more boutique galleries may have a harder time if they have not been trading for long and have not acquired a comparable reputation. It is also very common for owners of small galleries to name their gallery after the name of the street they are on or the suburb or town they are in. Further, the term “ART GALLERY” is often used in the name, which is very descriptive. Art gallery names comprising solely of these generic and descriptive words or geographical names will likely be difficult to register.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Key Takeaways
In summary, it is important to protecting your art gallery name through trade mark registration. This will give you the exclusive rights to use, authorise the use of, license and sell the trade mark for your goods and services.
If you need help with trade mark registration, or if you would like advice on registering your gallery name, 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
Yes, granted you meet the legal requirements for trade mark registration as examined by IP Australia.
A trade mark is a sign used by businesses to represent their business and brand in the marketplace and is used to distinguish their goods and services from those of their competitors. A trade mark can be a name, a logo, a slogan or tagline, colour, shape or movement.
No. Registering your business name does not give you trade mark protection or rights. To obtain registered trade mark rights, you must apply to register your name as a trade mark with IP Australia.
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