There are many things to consider when starting a new business, especially in this fast-paced online world. Among the most important is setting up your company to enable you to be successful while minimising any potential issues down the line. This will save you time and money in the long run.
For example, you wouldn’t want to spend money designing a logo, preparing marketing materials incorporating the logo, and start marketing your business, only to realise later that the person who owns the logo has trade marked it. You’ll have to start all over again.
For example, you wouldn’t want to spend money designing a logo, preparing marketing materials incorporating the logo, and start marketing your business, only to realise later that the person who owns the logo has trade marked it. You’ll have to start all over again.
Protecting Your Brand As A Start Up
There are three main areas you want to look at to protect your brand – no matter the size of your business. You need to:
- Protect your brand from potentially infringing someone else’s intellectual property
- Give your brand the right to enforce your intellectual property
- Protect your brand from financial and reputational damage.
Let’s take a closer look at them.
- Do Your Diligence
Ensure that the brand you have come up with is available and not currently used or owned by a third party. Depending on your business, you may wish to check whether the domain and business names you would like are available. Another important thing is to consider the registrability of your brand name or logo as a trade mark. - Check If Your Content Is Compliant
Ensure that the content on your website and the product packaging is compliant from an Australian Consumer Law (ACL) perspective. In Australia, businesses cannot engage in conduct that is misleading or deceptive or is likely to mislead or deceive consumers or other businesses. This applies even if it is not your intention to mislead or deceive. For example, you cannot state that your product is ‘organic’ when it is not organic or is only partially so. Heavy fines apply if you are caught to be in breach of the ACL. - Register Your Design
If the design of your product is unique, you may wish to look into seeking a design registration. - Protect Your Brand From Your Competitors
Know your competitors and be vigilant about what is on the market and social media. For example, by making certain contents from your website or your products are not copied by third parties looking to ride on your coattails. You may also wish to constantly check if someone else has filed a trade mark that is the same or similar to yours, as this may indicate up and coming competitors in the market. - Check if Your Marketing Material is Compliant
Ensure that any marketing materials (current and ongoing) that you put out to your clients or customers comply with the ACL, the Ad Standards and/or any relevant industry standards that may apply.
How Level Up Legal Can Help
No matter your legal needs, Level Up Legal can provide you with user-friendly legal services designed specifically for small business owners. We’ll work with you to find practical, innovative solutions and strategies for all your IP and branding concerns.
Contact Level Up Legal, and we’ll get back to you shortly.
