Protecting your brand

Whether you are operating a new or existing business, it is prudent to have adequate brand protection. Your brand is valuable and you can protect it by registering trade marks. Your trade marks may be a word, mark, logo, a combined mark, or in some circumstances a sound or movement mark.

A company’s intellectual property is valuable. There are many iconic Australian and international marks that members of the public readily identify with a certain brand or product. Some examples include Qantas’ ‘flying kangaroo’, Apple’s ‘bitten apple’, Nike’s ‘swoosh’ and McDonald’s ‘golden arches’.

Classes of goods and services

Thynne + Macartney assists clients to develop an overall brand strategy. Part of that process involves the formulation of a list of the crucial goods and services that ought to be covered in your trade mark applications.

Obtaining a registered mark will protect your trade mark in connection with those goods and services in Australia. Further consideration should be given to protecting your brand in other jurisdictions, particularly if your business may – now or at any time in the future – export goods.

Commercial considerations

The cost of registering your trade marks is minimal compared to the potential expense to your business if you do not have adequate protection. Failing to register your trade marks could place your business at risk of third parties using your marks, or trade marks that are deceptively similar to your marks.

We recommend developing a strong brand strategy for your business. If you need any assistance with this, please do not hesitate to contact Sandra Camilleri.




This information is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

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