Can I Trade Mark My Floor Coverings Business?
Angus
How many companies could you name based simply on a single logo, colour, word, phrase, sound, fragrance, letter, number, or image? Several corporations spring to mind that may be identified only by their logo or colours. All of these factors contribute to branding and can be protected by trade mark registration. A trade mark is a legally enforceable protection that distinguishes your goods and services from those of your rivals. In the end, this protects your company against others imitating your business. If you are looking to trade mark something for your floor coverings business, this article will explore some of the key considerations to think about before you do.
Selecting a Name
Your floor coverings business reputation is everything. The name represents that reputation.
What Is the Significance of a Name?
If your work is a quality, your name will become a valuable asset, as it is the name that customers know before buying your services. However, if you do not safeguard your name, others may copy it. Consequently, this will ruin your hard-earned reputation if they produce low-quality products under your name.
How Do You Come Up With a Name?
When picking a name other than your own to identify your work or performance, use something unique, such as an invented term or a word not typically connected with your specific industry. Some of the benefits of choosing an original name are that it will:
- make it easier for you to develop a reputation in the name; and
- be easier to register it as a trade mark.
Before you choose a name, do some research to discover if there are any other businesses with rights to the name you want to use. You may do it on your own or use a professional search firm.
It is a good idea to choose a few other names. This will help if you discover that someone else owns the rights to the one you chose and you need a replacement. Checking all viable names at the same time can save money and time.
Register Your Trade Mark
Registering a name as a trade mark is the best approach to protect it. Therefore, if you have the financial means, you should register your name as a trade mark. A frequent misunderstanding is that trade mark registration is limited to logos or the writing style of a name. You do not have to use a specific presentation font to register a trade mark. Once a trade mark (other than a logo) is registered, the registered owner may have a monopoly on the use of that name (that is, the right to prevent others from using the name or a similar name) in any style or font for the specific class or classes of goods or services for which it is registered.
What Trade Mark Class Should I Choose?
If you want to register a trade mark for your floor cover business logo or specific product offering, it is likely that you would need to trade mark in class 27. This is one of the 45 trade mark classes that you can choose from. The IP Australia picklist can help you refine the types of products or services that fit within the specific classes available to register within.
How Do I Obtain a Trade Mark?
You must first assess if you are eligible to apply for a trade mark. To do so, you must:
- plan to utilise it in connection with the goods and services you are providing;
- be an individual, a corporation, a partnership, or a combination of these; and
- apply for a trade mark as an individual (business owner) rather than as a company.
It is important to make sure that your trade mark does not clash with any other trade marks that have already been registered. You may verify this using the Australian Trade mark Online Search System if you are unsure.
What Else to Look for
There are a few things to keep in mind. For instance, some elements are discouraged and might make it difficult for you to register a trade mark. Discouraged trade marks include those:
- indicating the kind, quality, intended purpose, or value of the goods or services (e.g. trying to register a trade mark for “Sydney Floor Coverings”);
- using popular surnames or geographical names as a starting point;
- identical or similar to a prior trade mark; or
- alternatively, that may have the ability to deceive the public regarding the nature of the goods or services.
Keep in mind the wide amount of distinct aspects of a brand you can trade mark. After all, your brand identity is comprised of several elements.
Key Takeaways
Before deciding to trade mark your floor coverings business, you should consider:
- choosing a name, or product description to trade mark;
- making sure you pick the right class; and
- reviewing the process to register a trade mark on the IP Australia website.
If you have any questions about whether you can obtain a trade mark for your floor coverings business, contact our trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
It will make it easier for you to develop a reputation in the name and It will be easier to register it as a trade mark.
Trade marks where the kind, quality, intended purpose, or value of the goods or services is indicated. Also, using popular surnames or geographical names as a starting point will likely make your trade mark difficult to register.