Protect what you’re building

A trademark is a sign used to distinguish your business’ goods and services from those of competitors. Registering a trademark gives you exclusive rights to use a ‘sign’, which could be: letters, numbers, words, phrases, sounds, smells, shapes, logos, pictures, aspects of packaging, or a combination of any of these things. Most often trademarks are associated with brand names, colours and logos.

By trademarking a sign unique to your business, you receive an exclusive right to the use of that sign. That means you are able to take legal action against anyone who infringes on that right by using that sign without your approval.

Further, by registering a trademark, you ensure that the use of that sign does not infringe on anyone’s rights. This prevents any potential legal consequences from creeping up on you, even though you have good intentions from the start.

Registering a trademark for your business goes beyond just legal protection. It is also a strong marketing tool, distinguishing your products and/or services from the rest of the market.

Your business is special in a way that sets you apart from the rest. It could be due to the quality of your products, the efficiency of your service, or the creativity of your design, among other things. As your reputation grows, your brand grows, and if the differentiating factor of your business is not protected, your competitor might just ride the wave of success and leave you strangling by imitating you.

Having a trademark allows you to effectively and efficiently communicate your brand to your customers, especially in a crowded marketplace. By associating your business with a particular ‘sign’, you become instantly recognisable. Think about the Nike ‘swoosh’, and Apple’s, well, apple.

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Technically, you can register a trademark without an ABN. This is because trademarks can be registered under personal names, as well as business names. However, there are a few things you should consider before deciding whether you need an ABN before you register your trademark.

Firstly, if you want your business to be the owner of the trademark, then it’s best to get an ABN and register your business name first. After all, without an ABN and registered business name, your business will be unable to own its registered trademark.

Secondly, if the mark you’re wanting to trademark is your business name, then getting your ABN and registered business name first is the way to go.

All in all, if you’d like your business to hold and own the registered trademark, it’s best to get an ABN and register your business name first. However, if you simply want to have the registered trademark under your own name, then an ABN won’t be a necessity.