You see, corporations are legal structures and business names are just a license to trade as a business. They are not brand names or Registered Trademarks and they offer you no exclusive legal rights; they are temporary licenses to operate at best.
But wait you say… they conducted a search to see if it was available? Did you frame that Certificate? Corporations and Business Name Registrations exist for three important reasons: legal structure, taxation and consumer protection.
i. Legal structure gives certain benefits, including corporate protection, lower tax rates and limited liability.
ii. They also exist for taxation purposes: for business name registrations, it is the actual person who is taxed personally whereas a company gets its own Tax File Number separate from the people running the company. Company and business name registrations ensure the government knows where everyone is and that everyone is paying their fair share of taxes.
iii. They also exist for consumer protection, so that it is possible for an interested party to find out who are the people or directors are behind a company or business, where they live and how to contact them. These details can be obtained by anyone who pays the required government fee.
All three of these reasons have nothing to do with helping you own your brand name. They also have nothing to do with the goods and services you provide. None give you any ownership of your brand names.
“Only a properly Registered Australian Trademark
gives you exclusive legal rights to your brands.”
Sure, a company or business name can sometimes makes a great brand name or trademark but that’s only the case if it is registered as a Trademark. Trademark registration requires a lengthy ‘Application Process’. Just like getting a driver’s license or building permit … if you are successful, you actually own your brand. This then becomes a valuable Intellectual Property asset that is yours forever, as long as you remember to renew it every 10 years.
The application process is a long, complex government process with no assurance you will be granted your Certificate of Registration. There are application/filing dates, convention priority dates, filing fees (non-refundable), extension fees, legal arguments (often required), opposition proceedings, government Examiners to deal with, critical dates, deadlines, appeals, rejections, registration fees and all manner of complexities await the next world class brand of yours.
You can file your own trademark online … it looks very simple, but what result do you really want? Don’t risk your brand, logo, phrase or product.
Just like a casino, the house always wins. IP Australia (i.e. the Australian Trade Marks Office) is one of the most profitable Australian government organisations. This is because it appears very easy to apply. You pay a non-refundable fee to begin the 8-24 month process.
(No Refunds for Applications, IP Australia, 2014)
After you file, you can’t expand your application; if you change your mind or are rejected, you have to start all over again.
It is very difficult to get the right registration without knowing your specific circumstances. IP Australia is not legally allowed to advise you on what or how you should proceed.
(Current Warning from IP Australia, 2014)
Have you ever asked the Australian Tax Office for taxation advice? Legally they are not allowed to advise you and it is the same with IP Australia.
What you need is a professional who is on your side who has helped thousands of business people like yourself secure their brands as a properly registered Australian Trademark.
Do not risk your future. Call today and get trademark help on 1800 122 978.
Phone: 1800 122 978
