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When do you need to trademark your business name or logo?

Is your business name and/or logo legally protected under a trademark? Why did you do it and when did it become necessary for you to do so?

Top voted answer
Deborah Vella

Deborah Vella at

Top 10% Startup

You'll need to trademark your business name or logo when you'd like exclusive rights to use them and be able to legally prevent others from using it. This is especially within your business area.  See more at IP Australia https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks. 

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Yee Trinh

Yee Trinh, Cofounder at

I’d say as soon as you have a viable product or service that is generating revenue or profit for you. Too often, people get overzealous before testing that they have a profitable business idea. At the start, just registering a business name is enough. Trademarking your business name or logo before you get decent sales or can prove there’s customer demand may turn out to be a waste of your money. But it’s still a good idea to just check the trademark registry to see what has been registered.
 
Once you have a good gauge on the customer demand and proven sales, then it’s worth considering legally protecting your business’s intellectual properties. This can happen just after starting a business, or some time away. However, if your industry is highly competitive or your solution is somewhat unique, it may be advisable to trademark earlier than later, even right from the start.
 
It’s always good to consult an intellectual property or business lawyer. There’s no harm and it’s better to be safe than sorry because you don’t need the headache and financial mess in the event of an IP infringement. 

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