Building a valuable brand identity takes time. As a small business owner, you will appreciate the marketing efforts required to create brand awareness in your particular industry. In particular, the marketing efforts needed to establish your brand’s social media presence. Without proper trade mark protection of your business’s brand, your efforts might all be in vain. The article will discuss the importance of trade marks and how they can protect your social media branding efforts.
Role of Trade Mark Registration
The main benefit of trade mark registration is that you, as the trade mark owner, will have exclusive rights. To protect your brand, register your trade mark and align your social media branding with this registration. Doing so will grant you enforceable rights over your brand.
Protecting Your Social Media Presence
To prevent other businesses or individuals from using your brand on their social media accounts, register your trade mark exactly as it appears. This action protects your rights and ensures that no one else infringes upon your brand. Companies like Google, YouTube, and Facebook have incorporated policies to prevent this infringement.
Continue reading this article below the formEnforcing Your Trade Mark on Social Media
Without registering your trade marks, enforcing your rights on social media will be much more difficult. These companies are not in the business of assessing trade mark disputes. They usually require evidence from a court, such as an enforcement order before they take steps to stop the infringement from continuing. Instead of going to a court and spending time and money on obtaining a court order, the trade mark registration process is much more effective. A registered trade mark will be sufficient evidence for a social media provider to take action and stop the infringing use.
How to Strengthen Your Online Brand Protection
Make sure that you have asked yourself the following questions before attempting to enforce your rights over another business:
- have I registered my trade mark?: a registered company name, business name or domain name will not provide you with exclusive rights to use the trade mark. In Australia, IP Australia will issue you a certificate of trade mark registration upon completing a successful application;
- does the infringing user offer goods or services that are the same as or similar to those that you provide?: since trade marks are registered under specific classes of goods and services, their use of the trade mark may be allowed if it falls under a different class of goods and services; and
- where is the infringer trading?: trade mark protection extends to the jurisdictions in which they are registered. If the alleged infringing use occurs abroad, you will unlikely have grounds to enforce your rights. If this is the case, and you plan on trading in the same overseas market, you should consider filing trade mark applications in other countries.
Let us say the following applies to you:
- your trade mark is registered;
- the infringing party is trading in the same or similar goods or services that you trade in; and
- is trading in Australia (or the same region that you have a registered trade mark).
Then, you should be in a good position to successfully enforce your rights when you bring the infringing use of your registered trade mark to the attention of the social media provider.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
Key Takeaways
You must register all commercial trade marks, including those you use in connection with your social media. Failure to do so can allow other businesses to reap the rewards of your hard-earned reputation.
If you have concerns that someone is infringing on your trade mark on a social media platform, our experienced trade mark lawyers can assist you 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
Trade mark registration gives you exclusive rights over your brand and protects your social media branding efforts. Registering your trade mark ensures that others cannot use your brand on their social media accounts.
To enforce your trade mark rights on social media, you need to show proof of your registered trade mark and demonstrate that the infringing party is violating your rights. Without registration, it is harder to enforce your rights, as social media companies often require court evidence to act.
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