How Can Trade Marks Protect My Production Company Name?
George Raptis
As you would know, your production company’s name means everything in the media industry. Your company name not only reflects the quality of media your company produces, but it also reflects your company’s culture and the types of creatives who work within your team. For this reason, it is important that you protect your production company name through trade marks to avoid its misuse in the media industry. This article explains how trade marks can protect your protect your production company name.
Company Name Registration vs. Trade Mark Registration
Registering your company name with ASIC does not necessarily mean that you have the exclusive right to use your company name. When you registered your company as a business with ASIC, this was a legal obligation you had to undertake to run your business.
Business name registration is necessary so that the public can easily differentiate one business from the next.
Once you register your production company name, another company cannot go ahead and register under the same name. However, they can use your company name in other aspects of their business. This is because business registration alone does not give you exclusive rights to use, licence and sell your media under your production company name.
On the other hand, a registered trade mark of your company name provides just that. Trade mark registration is not a legal obligation, but it does give you a proprietary interest in your company name. This allows you to enforce your intellectual property rights against anyone who copies or misuses your name without your authorisation.
Unregistered vs. Registered Trade Marks
Trade mark law in Australia recognises both registered and unregistered trade marks. To obtain a registered trade mark, IP Australia must approve your trade mark application. Once approved, your registered trade mark enjoys 10 years of protection under the Trade Marks Act. Some notable production companies who benefit from trade mark registration in Australia include:
- Warner Bros. Entertainment;
- Universal Music Australia; and
- A24 Films.
This is distinct from an unregistered trade mark, which business owners can use to notify the public that they intend to protect their sign from being copied. However, in the instance where a trade mark dispute was to arise, the owner of an unregistered trade mark must prove their:
- goods and services have gained a sufficient reputation in the industry; and
- trade mark is sufficiently recognisable as their brand by consumers in the market.
By obtaining a registered trade mark, however, you will avoid having to prove the above. This is because IP Australia already recognises your trade mark.
Benefits of a Trade Mark Registration
Some of the greatest benefits to protecting your production company name via a registered trade mark are summarised below.
1. Protection From Misuse
If someone misuses or copies your registered trade mark, you have the legal means to prevent them from committing further infringement. This aspect of trade mark protection is vital to the success of any production company. This is especially true when considering the heightened competition in the media industry where copying and misuse are likely to occur.
Trade mark infringement arises when someone uses a similar or identical trade mark to your own in relation to similar goods or services that your trade mark protects. For example, a registered trade mark with respect to entertainment services titled ‘Fiona’s Films’ can be infringed if another company uses the same name to market their own production and distribution of films.
By protecting your company name via trade marks, you ensure that in the instance where trade mark infringement occurs, you have the ability to pursue legal remedies.
2. Building Your Reputation
Your production company name is intimately associated with the quality of your company’s services and media output. Since consumers in the market associate your company name with its reputation, it is important that you protect your name. By registering a trade mark, you can freely market your goods and services and be assured that you have the legal means to prevent others from copying your company name. In this sense, you can spend less time worrying about your competitors and more time building your production company’s reputation.
3. Increasing Your Company’s Value
For some companies, trade marks are one of their most valuable assets. The value of a trade mark typically represents the goodwill of your company. Therefore, it can be used as a valuable bargaining chip if you decide to:
- attract venture capitalists;
- expand your company; or
- sell your production company eventually.
By registering a trade mark, you ultimately open up different commercial opportunities for your production company.
Key Takeaways
Protecting your production company name via trade marks allows you to prevent others from copying or misusing your company name without your permission. As a trade mark owner, your trade mark can also help build your brand recognition in the media industry and add value to your company. If you need help with trade mark protection, our experienced trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page.
Frequently Asked Questions
A standard trade mark application requires you to include your personal details, a description of your trade mark, i.e. your production company name or logo, a description of the goods and services your trade mark will protect and the relevant trade mark classes from the picklist.
In addition to the requirements of a standard trade mark application, a TM Headstart application provides you with an additional service. This service involves a delegate at IP Australia to review your application before you formally submit it for review. This allows you to proactively identify any potential issues in your application and make amendments accordingly.