Trademark design

Why design a trademark?

Trademark design and trademark strategy are great ways to "protect your assets".

Trademarks allow you to register a name, an image, colour, sounds, smells, or a combination. And if done properly, trade marks can specifically:

  • help protect unique aspects of existing products and services
  • develop your business with new innovations
  • generate new revenue through licensing or joint ventures
  • protect product names, logos, graphics, slogans and packaging

How to design trademarks

In order to warrant protecting something, it needs to be valuable to start with.

  • Step 1: See what registered trade marks are used in your industry and by competitors.
  • Step 2: Assess the brand identity, colours and key phrases used by your direct competitors, to ensure your identity is unique.
  • Step 3: Know your target market, to ensure your brand identity and copywriting is targeted directly at them.
  • Step 4: Design trademarks (logos, graphics and/or taglines) with the intention of registering trade marks.
  • Step 5: You need to “use it or lose it”. This includes keeping copies of all advertising, to prove you have been using the trademark consistently.

It can pay to protect your rights to your trademarks early.

Aren’t I already protected?

It’s important to note that a business name, company name and domain name don’t give proprietary rights. Only the owner of a registered trademark has the right to use, license or sell a trade mark.

  • Someone can register your exact business name in another State.
  • Your business/company name/slogan/product names could be registered as a trademark by someone else, but only the owner of a trademark can sue for infringement if used on related goods or services.

If you don’t act to protect your business/company name/slogan/product names, it is possible that it could be registered as a trademark by someone else. While it still may be possible to register your trademark even in light of this prior registration by a third party, it can be a complex process and incur significant costs. It pays to protect your rights to your businesses trademarks early.