Intellectual Property Q&A

Hi Luis,

It really depends on what your idea is and if it can even be protected. You best bet would be to speak to an IP (intellectual property) expert. I am sure their first consult will be complimentary - there may even be IP experts here on Savvy.

Entrepreneur.com puts it well....

"It's natural to fear that your idea might be stolen. But you can't turn your vision into reality without the help of others. Sooner or later, you're going to want to ask an industry expert to evaluate your product or service. You're going to need to collaborate with a manufacturer or distributor. But patents cost thousands of dollars and take years to be issued. You can't afford to wait that long to start bringing your product to market."

Consider other options as well like NDA (non disclosure agreements), high security in your work environment (physical protection of your idea), Non compete clauses with your employees etc.

As always in these matters it is best to speak to an experty.

Cheers, Lisa

Yes, they can be. 

A trademark by definition is any 'sign' that one trader uses to distinguish its goods/services from those offered by others. Under the Trade Marks Act 1995:

sign includes the following or any combination of the following, namely, any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.  

No matter the type of 'sign' you apply for it will be more difficult to register if it's not capable of distinguishing the associated products and services. In Australia there is only one 'smell' trademark to be successfully registered. It's the smell of in connection with golf tees! There are several new applications currently pending so it will be interesting to see how they go.

To add to Jacqui's great answer, a trademark does not grant you eligibilty to a .com.au domain name just because you have that phrase or word trademarked.

There is no "heirarchy of rights" in .com.au and .net.au. In other words, just because you have a trademark, a business name, was around first, etc. etc. is irrelevant. What matters is:

- You registered the domain name before anyone else
- You have a valid ABN
- The domain name is closely and substantially connected to the website (i.e. www.fish.com.au actually sells fish, is a business called Fish, or perhaps is a family name, e.g. Fish Plumbing.)

If you let the domain name lapse for whatever reason, you can not simply "get it back" because you have a trademark using that domain name. You can complain to auDA, but unless the registrant breaches the domain name eligibility and allocation rules, they likely won't delete it.

Trademarking a business name or logo is generally recommended when you want to protect your brand identity and prevent others from using similar names or logos that could cause confusion among consumers. Here are a few instances when it is important to consider trademarking:

1. Establishing brand recognition: If you want to build a strong brand identity and establish recognition for your business, trademarking your business name or logo can help ensure that others cannot use or imitate your brand.

2. Expanding your business: When you plan to expand your business into new markets or offer new products or services, trademark registration can provide legal protection and help prevent others from using your brand in those markets.

3. Preventing confusion and infringement: Registering a trademark helps protect against potential trademark infringement by other businesses. It allows you to take legal action if someone else uses a similar or identical name or logo that could create confusion among consumers.

The specific timing for trademark registration may vary depending on the jurisdiction and the nature of your business. In some countries, such as the United States, you can establish certain rights to your business name or logo simply by using it in commerce, even without formal registration. However, registering a trademark offers additional legal protection and advantages, such as the ability to bring a federal lawsuit and obtain nationwide protection.

It is generally advisable to consider trademark registration as early as possible, preferably before launching your business or introducing a new brand. This helps ensure that you secure the exclusive rights to your business name or logo and reduces the risk of someone else using a similar mark.

It's important to consult with a qualified intellectual property attorney or trademark professional to understand the specific requirements and processes for trademark registration in your jurisdiction, as laws and regulations may vary.

If you use Stock images you will not have exclusive use of the image. As such competitors if they find out could use the image and you may not have any ability to stop them from doing so thereby allowing them to poach your business look and feel.

The first step is to file a provisional patent. Here's a free course on YTube on how to do it - https://www.youtube.com/playlist?list=PLviabXoRMqnfI29AMVSEdbTs7LDXVN517

The same method and law should apply in AUS.

But I'd advise against filing a prov or non-prov patent. I would rather build it first and test it out and see if it works and most of all, see if anyone would pay for it.

I filed a few and I think it was a big waste of money. I have one idea about ticketing that would kill ticket scalping, but never found the time to file it. In today's break-neck world, the best way to protect your ideas is to RUN with it. Build it, get it to market and build your business.

My mentor once was said, starting a business is like running a 100m sprint, you can't stop the rest from running, you just have to run FASTER! 

The answer here is 'perhaps.

A trademark, by definition, is a sign that one trader uses to distinguish their goods/services from those of other traders. A personal name is no different to any other trademark in this sense - it must be capable of distinguishing in this manner. So, if your name is common and other people may need to use that same name in connection with similar goods/services then it could b e more difficult to register. However, if this sort of issue is reported to you by the government office there are ways you may be able to address the issue and ultimately gain registration/protection.

The other thing to be aware of with registration of a personal name is that if you happen to share a name with a famous person it could be more difficult to register. For example, if your name happens to be Shane Warne and you try to register your name in connection with sports apparel/products this could be difficult - it could be confusing to the public as they may assume the products are endorsed by cricketer Shane Warne; you cannot register a trademark that's going to confuse/deceive in this manner.

A registered trademark, or even a pending trademark can be 'transferred' to a new owner, yes. This is done by assigning the rights from the current applicant/owner to the new. This can be done in several ways depending on the circumstances but commonly done by way of drafting a Deed of Assignment and filing this, along with the appropriate request, with the Trademarks Office who will then update the records to show the subsequent owner accordingly. There is no official/government fee. Fees could apply if you seek assistance in drafting of the Deed of Assignment.

I agree with Bridget here. As long as you reference your sources there should not be any issues. What you will be presenting in the infographics is the summary of your research or findings and giving reference to the sources of your research.