Protecting business names and logo

Business names brands and logos are important and business owners should consider doing what they can to protect them.

Monteck GroupRegistering a trade mark usually gives the owner the sole right in the jurisdiction to use the mark in relation to the goods or services for which it is registered. This is a powerful position to be in. All is not lost if a trade mark is not registered but trade mark registration can be more powerful and simpler than relying on some other “protections”.

             For example:

  • Registering a company won’t adequately protect a name.
  • There is no register of business names in New Zealand but if there were and if it were similar to the system in AUS, it wouldn’t adequately protect a name.
  • Copyright can offer some protection for logos/graphics but trade mark registration can often be more powerful and sometimes, relying on a registered trade mark can be simpler.
  • The provisions of the Fair Trading Act in relation to misleading and deceptive conduct in trade can be useful, but relying on a registered trade mark can often be simpler.
  • The common law tort of passing off can be useful but relying on a registered trade mark would usually be simpler.

Accounting online                               In this often virtual world, it is easy for less than virtuous souls to rip others off and as with many things, it is better to put protective measures in place sooner rather than later.

* Steven Dukeson

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