For businesses, trademarks are more than a mark of identification; these registered symbols or words used to represent a company also provide them protection and help in business growth. Registering a trademark gives you ownership of your logo, business name, domain name and other details, preventing identity theft by your competitors.

Although trademarks are beneficial and necessary, they present several challenges that businesses might have trouble handling. In 2019, we illustrated some trademark-related problems and how they could affect your business. Here’s a roundup of those issues and how we can help you overcome them.

Addressing the Challenges in Business Rebranding

Although refreshing a business image can be useful, changing your look has complications when it comes to trademarking. Whether you’re planning to update your business name, logo or domain name for your website, do some thorough research first. An existing business may have already trademarked the design or name you’re planning to use and that could spell trouble for your business.

Changing your brand image means going through various processes, and you will need a trademark specialist to assist you. While they focus on reviewing and possibly filing a fresh application for your new or updated trademark, you can concentrate on other aspects of your business.

Loss of Trademark Rights: Causes and Prevention Tips

Once your trademark is registered, you own the mark and have exclusive rights. However, you must actively use the trademark to maintain those rights; otherwise, you could lose ownership rights. Once you “abandon” a trademark, anyone can seize it immediately and acquire the right to own it.

Aside from abandonment and lack of use, you can lose your trademark if it’s too generic – this became the case for Adidas, Cadbury and KitKat, brands that lost their trademarks because they were used on common language and/or were note sufficiently unique.

The court may also strip you of your rights to the trademark if you don’t try to stop third parties who use your mark without permission. If your registered trademark is about to expire, you should renew it right away to keep it safe from competitors.

How Three Big Brands Lost Their Trademarks

To a world-famous brand, few things are more important than a trademark. Trademarking a name, symbol or logo identifies your ownership of your products and protects your intellectual property. But there are instances in which big companies can lose their bids to trademark iconic parts of their branding. Here are three such instances.

Opposing a Trademark Application

In your industry, it may be unavoidable that a competitor may be applying for a trademark that is considerably similar to yours. In this case, filing a notice with IP Australia helps ensure that you protect the brand you’ve worked hard to create.

Opposing a trademark application is a costly and complicated process, but your effort will be worth it if the court finds legal evidence for supporting the trademark. Hiring a trademark specialist ensures you will have sufficient legal grounds and you will comply with the requirements throughout the process.

Business Name vs. Trademark: What Does Each Protect?

Business Name vs Trademark: What Does Each Protect?

With millions of businesses around the world, it’s normal for one brand to have the same name as another. However, the problem arises when two businesses share a business name and one of them is big or popular.

The best way to safeguard your business name is to register it as a trademark. Doing so gives you exclusive legal rights and prevents identity theft by other businesses. When you discover that someone is using a business name significantly similar to yours, you can sue them and prevent them from operating under that name.

Secure a Trademark with Pinnacle TMS

Do you need a trademark to secure your business? For proper registration of your trademark and protection of your unique brand, contact Pinnacle TMS today. We provide expert advice and assistance with trademark registration matters to prevent competitors from unlawfully using your mark. Call +61 2 9520 4366 or fill out our form to book a consultation.