The Difference Between Saving and Losing Your Business

Category: Trademark Information

Trademarking can help save your business. It assists in ensuring that you have the legal rights to fight against other people who are trying to capitalise on your hard-won effort, blood, sweat and tears.

Case Study 1:

Take Nicole Kersh for example. She is the owner of 4Cabling.com.au who has built a strong reputation in the male-dominated industry by selling and manufacturing cables.

However, someone tried to cash in on her hard-earned reputation when “a guy started up a competing business, using a company name that made it sound like he was a woman. It seemed a little strange at the time but it wasn’t until he started using our trademarked name 4Cabling as a Google AdWord, in what seemed like an obvious attempt to direct traffic to his website, that we began to guess at his motivations.”

Luckily, Kersh had trademarked her business name and hence complained to Google who responded that the advertisements would “now display in accordance with Google’s trademark policies.”

The ads were removed.

As Kersh discovered, such a scenario in which “the company appeared to be using our good name and my own hard-fought reputation in order to steal our customers” is not as uncommon as one may think.

“The problem is, we have no idea how long they had been doing it. Who knows how many customers have found their way to their website when they were actually searching for us? We sell very similar products.”

By having a trademark in place, Kersh was able to add substantial weight to her argument about her competitors’ Google AdWords. Without the trademark, she may have had a much more difficult time having those ads taken down, losing potential customers.

Case Study 2:

Julie Sweet also saved her business because she had obtained a trademark.

As the founder of CertificateOnline, a service for those in need of their original birth, marriage, family death certificates or those wishing to legally change their name in 24 hours, she says that trademarking her business was her “saving grace”.

“A government body – which I can’t name for legal reasons – contacted us because they believed we may have had the potential to confuse the general public with having a name similar to a government body.

“I fought the issue head on. I engaged an exceptional corporate lawyer, who remains our business lawyer to this day and went through the process, step by step, honestly and openly. I chose to see the process through, to not step aside or away from the battle and actually tackle it through the resources available.”

These two case studies illustrate that the value of trademarks cannot be underestimated, especially when you have something as important as your business and brand on the line. As demonstrated by Kersh and Sweet’s decision to trademark their business early on in the game, this crucial step can mean the difference between saving and losing your business.
If you have any questions, concerns or would like to begin the trademark process today, then please contact Pinnacle TMS; your Trademark Specialists on +61 2 9520 4366 or email us info@pinnacletms.com.au.