Small businesses have tough competition in the market. Not only do they have to compete with larger brands, but they also need to compete with similar small businesses. Moreover, small businesses need to be aware of other small businesses stealing their products and services and selling them as their own.
This is where registered trademarks come into play. A registered trademark is a great way to differentiate your products from other small businesses. It also legally prevents others from using your trademark to sell their own products and services.
Since a trademark is such a valuable asset for your business, our business consultant Sydney, highly recommends protecting your trademark in the following 6 ways.
The Australian government offers a separate portal for Intellectual Property (IP) and trademark registration. In fact, currently, IP Australia’s website offers a free tool to check whether you can register your trademark or not.
The free tool is known as TM Checker. It will take only a few minutes for the tool to give you results.
And help you make an informed decision before applying for trademark registration.
Consistent Use of Your Trademark
Once you have registered your trademark, it is highly recommended to use your trademark consistently and appropriately.
Your trademark will have a specific spelling, font, and color scheme. Make sure you consistently use the same scheme on all marketing materials, and anywhere you talk about your brand.
While using in written content, make sure to use your trademark as an adjective rather than a verb or noun.
Keep an Eye on Potential Infringements
Despite having a registered trademark, other people or businesses might think of stealing it to sell their products and services.
Hence, keep an eye on such potential infringements. You can check industry publications, social media, and other online and offline channels to identify potential infringements.
You can use the TM Checker tool to find any trademarks similar to yours.
Take a Legal Action
Once you have a trademark, it is important to enforce it legally. If you know that someone is infringing your trademark, you must take legal action against them.
Taking legal action can include filing a case for trademark infringement, sending cease and desist letters, or filing a cancellation or opposition proceeding. You can do this with the assistance of IP Australia. You can also get assistance from a business consultancy Sydney firm.
Resolve Trademark Disputes Using Alternative Dispute Resolution
Filing a case in court can be time-consuming and expensive. Hence, you can also choose from alternative dispute resolution methods to resolve trademark disputes. Settling such disputes outside court can turn out to be inexpensive and quick.
Alternative dispute resolution methods include expert determination, arbitration, and mediation. IP Australia gives you a detailed overview of these alternative dispute resolution methods.
Contest Similar Trademarks with the Same Domain Names
If you find that someone has used similar trademarks to register their domain name, you can contest them and stop them from using the domain name and trademark.
You can take advantage of auDA for Australian domains and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) globally. These policies will help you contest others and stop them from using your trademark to register a domain name.
Wrapping It Up
To stand up to rigorous competition in the market, small businesses must register a trademark. However, you also need to protect the trademark infringement using different ways.
If you want to know more about trademark registration and how to protect your trademark, get in touch with us at Keystone Executive Coaching. We are a leading provider of business consulting Sydney and coaching services in Australia. Our business coaches will collaborate with small business owners and help improve their business functions.
Whether it is finances, human resources, marketing, sales, and more, our business coaching programs have got you covered.
Call us now to find out more.