Branding:

Brand protection is essential for any company, whether it is just starting to trade or is an established business. The company brand carries with it, the identity of the business and is associated with the quality of the product or service that is synonymous with the company’s reputation. The brand can also represent the values and culture of the company, and as such, is an integral feature of business recognition for the market. Protecting the brand is achieved through effective trademark registration and corporate structuring so that the brand is safe from infringement and secured in times of financial or economic turbulence.

If a brand is not protected, it may be vulnerable to attack from competing businesses. It is not rare for a company to trade under an unregistered brand for a considerable period of time, to then be confronted with a newer company who is using a similar or identical brand which has been legally secured through the process of registration. Of course, there are defences available to protect an unregistered brand from attack, but optimally, businesses should ensure that their intellectual property is provided the full benefit of legal protection. Legal disputes concerning the use of brands can be very expensive.

Some businesses can benefit from re-branding as well. This is often done when a business merges with another or when its corporate identity is modified for marketing or other purposes. The process of re-branding is similar to that of branding for the first time, but there may be complications associated with maintaining an existing client base or relationships with other corporate entities. Re-branding can also impact on the way the business deals with its existing employees, contractors and agents. For successful re-branding, it is important that you obtain the right legal guidance so that all matters that are relevant to your business are taken under consideration.

Company or business name registration does not give the business ownership over the name. Registration of a trademark constitutes ownership over that trademark. For more information, please see the “Applying for a Trademark” section of this website.

Often people will draw immediate conclusions about the nature or reliability of a product from the way that it is presented to them at the place of sale. Having the right advertising & packaging is therefore essential to create the right initial impression in the mind of your potential customers. This does not mean however that “anything goes” in the world of advertising and packaging. There may be various legal requirements that will influence the design, style and manner in which your product is packaged for marketing and sale. There may also be legal principles at work that will affect how you can advertise your product or service.

Many of these legal requirements are statutory, however; as matters are litigated before Courts, judicial decisions are made that which will impact on the way that legislative terms are interpreted. This can be a heavily fact and evidence based exercise and it may be difficult, or even impossible, to derive a strict rule that can be applied with mathematical accuracy for each and every case that arises.

It is therefore important that the manufacturer of a product or the provider of a service seek appropriate legal advice on the way that the product or service is presented to the market. Otherwise, liabilities may arise which could have been easily avoided at first instance.

Brand protection and proper and compliance advertising & packaging, are crucial to the longevity and survival of a successful business.

If you require legal assistance with a branding matter, you may wish to make an appointment to see one of our Intellectual Property Solicitors. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.