Is your Brand fully protected?

11 August 2022

All too often, we come across situations where businesses fail to properly protect their brands which include trading names and logos.

Many of our clients and businesses referred to us assume that by having a registered company name or registered business name, they are fully protected. Unfortunately, this is not the case. In fact, Australian Securities and Investments Commission (ASIC) registration provides no rights.

When a competitor uses a name or brand that is very similar to yours, you need to be in the best position to stop the infringement in the most cost-effective way.

Protecting your Brand

If you have built up a substantial reputation and goodwill in the name over a number of years, then you will have some rights against competitors who adopt a similar name after you have built your reputation. These rights include taking action for misleading or deceptive conduct under the Australian Consumer Law or for common law Passing Off. However, it is much easier to run a case to stop others using similar names if you have a registered trade mark.

We have registered hundreds of trade marks. While the process can be tricky, it is generally quite manageable and very economical. Perhaps surprisingly, under current legislation, trade marks are potentially eternal as they can be renewed indefinitely in 10-year cycles, provided they remain in continuous use.

More information

If you would like to discuss protection of your brands, please contact a member of our Intellectual Property team.

Disclaimer: This publication contains comments of a general nature only and is provided as an information service. It is not intended to be relied upon, nor is it a substitute for specific professional advice. No responsibility can be accepted by Rigby Cooke Lawyers or the authors for loss occasioned to any person doing anything as a result of any material in this publication.

Liability limited by a scheme approved under Professional Standards Legislation.

©2022 Rigby Cooke Lawyers