Trademark Registration In Australia: Company Name vs. Product Name

 

The advantages of a registered trademark are obvious: greater assurance that you are not infringing on another’s trademark, greater assurance of the strength and validity of your mark, protection against infringement, public notice of your registration, and legal grounds for trademark enforcement, to name a few.

What is the definition of a company name?

Your business name (sometimes known as your trade name) is the name under which you register to do business in your state. It’s on your bank account, tax paperwork, and other legal documents, among other things. Nike, Inc., for example, is the company’s business name.

What is the definition of a product name?

 A product name could be as generic as “vehicle,” but with so many products and services on the market, firms must come up with more creative product names to set themselves apart from their competition. In this situation, a product name specifies a certain product or service, and when the company starts using it, it becomes a brand name.

The brand architecture of a corporation might be as complex as a well-researched family tree!

What Does All of This Mean?

 In the end, your company name, brand name, and product or service name may or may not all be the same. They’re all separate things, and whether or not they’re compatible, they all need to be properly cleared for usage and safeguarded, or you’ll end yourself in costly difficulty in the future.

What you must do is as follows:

Make sure you’re familiar with the requirements for filing a trademark for your product

 When you file a trademark application for your company name, you must include information on what kinds of goods or services your firm sells, as well as how the company mark will be used to identify those goods or services in commerce. Your trademark application for a product name will address the same issues, but on a much more detailed level, focusing solely on the product at hand. It’s critical to stay accurate about what class (or classes) of products the product belongs to, as well as to be detailed, complete, and clear about how the product trademark will be utilised as an identifier. This is why hiring a trademarking lawyer to help you with the registration procedure is usually a good option.

Apply the same level of vigilance to your product’s trademark as you do to your business’s

 Infringement of product trademarks is equally as common as an infringement of corporate trademarks. Also keep in mind that possible infringers may use your product’s name as their company’s name, and vice versa. This is still trademark infringement, as is any situation in which a consumer can be mistaken about the source of goods or services. There are no distinctions between product-level trademarks and company-level trademarks; they are all concerned with eliminating customer confusion and safeguarding legitimate trademark owners.

If your organisation produces products with those types of distinctive names, you should consider apply for a trademark for them. A registered trademark for your items provides further protection against imitators and counterfeiters, as well as ensures that your product name is only linked with your company. Here are a few more things to think about while registering trademarks for product names.

Read more – Trademark Registration In Australia