Jacqui Pryor answered a question

Phil Khor
Phil Khor, Founder and Director at SavvySME

Asked this question - Intellectual property

How do I apply for a trademark?

Would a trademark lawyer please walk through the steps for trademark application in Australia?

Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

I'd firstly like to clarify that you don't have to use a trademark lawyer in relation to your trademark matters; you can "DIY" (although not always recommended) or a specialist/consultant.

The first step I encourage clients take is having a trademark search conducted. This can rule out and/or advise on possible problems early on. (The registration process is lengthy so this can help avoid wasting time...) Some companies, including my own, will offer a basic search at no cost. Alternatively, more comprehensive searches are available for a fee.

If the search is clear, an application is filed with the trademarks office in Australia. At this time you must nominate goods/services of interest to you that your trademark will be used to identify. The filing of an application is your way of telling the government that you believe you are within your right to apply, and that you have an honest intent to use your trademark.

The government department must then examine the application and issue their results. A standard application will take around 4 months to be examined. If no problems are found the mark is accepted for registration. If problems are found a report is issued providing you a chance to address those issues.

After acceptance, the mark goes through a 3-month opposition period, where other people may object to the registration. Assuming no objections are filed in this time then the mark can be registered upon receipt of final fees.

Registration is valid for 10 years in Australia and can be renewed each 10 years.

Wendy Huang

Wendy Huang, Full Time Blogger and YouTuber at A Custom Blog in 4 Minutes

Thanks for the lovely answer Jacqui!

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Russell Allert answered a question

Phil Joel
Phil Joel, Director at SavvySME

Asked this question - Web hosting

Russell Allert

Russell Allert, Founder & CEO at Baked SocialMedia

2 Words: Great support. 

Most hosts these days offer pretty much the same services, but where it counts is when something goes wrong. If they have poor support then it makes your life difficult.

Russ

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Hendrik Kruizinga

Hendrik Kruizinga, Marketing & Accounts Manager at Crucial Paradigm Pty Limited

Support is key as Russell said, and yes most web hosting companies offer the same services - however its the quality of the infrastructure backing those services that ultimately makes the difference between a slow, unreliable host and a performance driven and quality host. Avoid the fly-by-night providers and stick with someone Australian based, that has a proven track record and is showing signs of customer growth, this means they are doing something right. Cheers 
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Ananda Raj Pandey answered a question

Phil Joel
Phil Joel, Director at SavvySME

Asked this question - Web hosting

Ananda Raj Pandey

Ananda Raj Pandey, Developer at SavvySME

Shared Hosting: In this type of hosting, a single server will have many sites hosted. User can get single hosting solution or reseller package for the shared hosting providers. Eventully eveything this will be hosted in the same server and thus server is  shared with other hosters. This type of hosting is low cost and good for the starters, but server has limitation on resources like cpu / memory per domain hosted. So need to check  terms and conditions before joinning the service.

VPS: is a personal server / or vitual server which will be hosted in a machince which may have more VPS server hosted. In this option, user will have own server so lots of freedom on server management, tweaks and custom settings, which are not possible with share hosting. server resources like cpu / memory will be shared with other VPS user in the same machine. 

Dedicated server: User with  own dedicated server, which is a single machine with one single server dedicated to user, its is much more similar to vps, but machine resources is not shared with others. So 100% cpu . 100% memory. While in VPS if one of the vps user of the same machine has more cpu constain job, other vps user will have slow performance. 

Gill Walker

Gill Walker, Owner Director, Principal CRM Business Consultant at Opsis

Ananda has given a very clear response. But as with everything, it is essential to clarify the terms used. Although Ananda is essentially correct, that does not guarantee that all providers do use the terms correctly, so it is essential that the purchaser is clear about what they are getting.

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Jeremy Duff answered a question

Phil Joel
Phil Joel, Director at SavvySME

Asked this question - Web hosting

Jeremy Duff

Jeremy Duff, Graphic Designer at JLD Design

Hi Phil,

To register you own domain name, you must create a listing on a site that offers that service.

Try searching around google for some sites and compare prices between them,  companies that are in your country offering domain name registration are usually a good place to start.

Cheers!

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Nick Morris

Nick Morris, Owner at Wicked Cow Marketing

Crazy Domains is a good place for .com.au's and pretty cheap. Make sure you ignore all the up-sells though otherwise it will end up being expensive

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Adam Ramage answered a question

Phil Khor
Phil Khor, Founder and Director at SavvySME

Asked this question - Accounting

What accounting software package should a small business use?

What are things to consider when selecting a suitable accounting software package?

Adam Ramage

Adam Ramage, Director at MBR Group

Hi Phil, the world of today provides businesses with reliable internet connections to leverage the cloud computing environment for fantastic value accounting software.  We love Xero because it just works. No fuss, no backups, no tax updates to load, no files to transfer to someone else, live and up to date in the cloud with live bank feeds daily, an ever growing ecosystem of add on functionality (we use Workflowmax for project management). Xero is great for accounting firms like ours, but the beauty for the small business owner is how it can save time and hassles, without the need for anyhting other than an internet browser. iphone? yep. ipad? yep. PC? yep. Mac? yep. Android? yep. It really rocks!

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Todd Dewey

Todd Dewey, Consultant at Oakton

Adam / Phil, could you provide some information regarding data security issues when using Cloud computing for applications such as Xero? I am currently involved in a number of small  enterprises which use either MYOB or Quickbooks - what are the pro and cons of going through an accounting firm like MBR as opposed to trying it alone?

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Matt Antonino answered a question

Phil Joel
Phil Joel, Director at SavvySME

Asked this question - Cloud computing

Matt Antonino

Matt Antonino, owner & SEO consultant at Pay On Performance

Do you want all the previous emails or do you want to just start fresh using Gmail?  

(Both are possible but different answers..)

Phil Joel

Phil Joel, Director at SavvySME

From Gmail please Matt.

Matt Antonino

Matt Antonino, owner & SEO consultant at Pay On Performance

Now I'm lost. From Gmail? or "To Google" as you said in the title? You want to go from what to what, and keep what?

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Phil Joel

Phil Joel, Director at SavvySME

This article is quite useful:

http://www.filiwiese.com/transitioning-to-a-google-apps-account/ 

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Jacqui Pryor answered a question

Phil Khor
Phil Khor, Founder and Director at SavvySME

Asked this question - Intellectual property

Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

I may be a little biased, but yes I absolutely think a business should register its trademarks whether they've been used for many years or not. Several rights and advantages are awarded that you won't get other wise simply by using the trademark.

  • The right to use the trademark...  this is not a guaranteed right simply by using it;
  • The right to authorise others to use the trademark (for the goods/services you've nominated) - i.e. the right to license the use to someone else;
  • The right to take trademark infringement action against others. (Without a registered trademark you would be relying on other areas of law to stop people using similar logos, which can be harder to prove)

Plus - by registering you make it difficult for others to register (and therefore gain the right to use) similar logos in your same field of business products/services.

Phil Khor

Phil Khor, Founder and Director at SavvySME

Yes, that makes a lot of sense. I've always wondered about registering trademark for old logos till now, thanks for clearing it up :)

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Anne Miles

Anne Miles, Managing Director at International Creative Services

I'll add to this that whilst having a trademark registered is a sound idea you don't need one registered to be allowed to use it unless someone else ends up having the trademark done and makes a claim against you.

Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

This is correct - it's not a legal requirement to register a trademark. And, even if someone does end up registering at a later date they may not actually have a claim against you (if you used it first)... But, obviously it's better that no-one else ends up registering - and therefore gaining the right - to use your brand :)

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Wendy Huang answered a question

Phil Khor
Phil Khor, Founder and Director at SavvySME

Asked this question - Advertising

How much does TV advertising cost?

I am considering advertising on TV channels, does anyone know how much they cost these days?

Wendy Huang

Wendy Huang, Full Time Blogger and YouTuber at A Custom Blog in 4 Minutes

Here are some indications on TV advertising, they may not be completely up to date and you may need to contact the specific channels for their current packages but this will give you a fairly good idea what kind of cost you are looking at. Keep in mind ify ou are on a budget consider community stations and such.

Channel 7

Time

15seconds

30seconds

6AM – 9AM

$1740

$2900

9AM – 1130AM

$690

$1150

1130AM – 12PM

$519

$865

3PM

$639

$1065

4PM

$180

$300

430PM

$1008

$1680

5PM

$1962

$3270

530PM

$4560

$7600

Cheapest Primetime Slot

$7020

$11700

Highest Primetime Slot

$22680

$37800

After Midnight

$180

$300

 

Channel 9

Time

15seconds

30seconds

6AM – 9AM

$900

$1500

9AM – 11AM

$360

$600

12PM – 1PM

$1140

$1900

330PM – 430PM

$60

$100

530PM

$1800

$3000

Cheapest Primetime Slot

$4200

$7000

Highest Primetime Slot

$15000

$25000

After Midnight

$150

$250

 

SBS

Time

15seconds

30seconds

Morning

$30

$50

4PM

$100

$168

830PM

$1400

$2340

Highest Primetime Slot

$2800

$4680

After Midnight

$210

$350

 

Phil Khor

Phil Khor, Founder and Director at SavvySME

Excellent details, thanks Wendy :)

Jacquie Baker

Jacquie Baker, Co-founder at Sureshot

good to know Wendy. My question is who actually watches TV these days - or at least the adverts?

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Anne Miles

Anne Miles, Managing Director at International Creative Services

These are good stats for the actual airtime fees. I wasn't sure if people reading this would understand that this is not including production costs. The cost of an ad varies depending on the creative execution.

From my experience there is a creative solution for every budget starting a a few thousand dollars to a million (and I've worked on all types). The trick is in setting the budget first and making sure that the creative is chosen to suit the budget and not the other way around. 

TV is not always the best answer, but it is a great medium and still remains a powerful brand building platform. The trick with production costs is to make sure it works across all platforms to have a fully integrated campaign. 

My experience is that you don't always have to spend more money to be good!

Phil Khor

Phil Khor, Founder and Director at SavvySME

Thanks Anne - for the reminder to factor in production costs as well and setting the budget upfront, and if in fact TV is the right way to go. It's a luxury that many small businesses don't have so it's important to get it right. Thanks for the tip.

Katy Phillips

Katy Phillips,

Hello, I work for a company who currently holds $10,000 worth of advertising airtime on channel nine. The airtime must be used by September this year, so we are selling this for $5000. If anyone is interested or knows of anyone who might be able to use this time - please let me know. Respond on here if so Thanks

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Jacqui Pryor answered a question

Phil Khor
Phil Khor, Founder and Director at SavvySME

Asked this question - Intellectual property

Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

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.

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Jacqui Pryor answered a question

Phil Khor
Phil Khor, Founder and Director at SavvySME

Asked this question - Intellectual property

Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

The short answer is no.

However, if you are the trademark owner there may be action you can take to acquire the associated domain name if owned by someone else in very specific circumstances. And, such action will depend on the type of domain in question, for example a .com or .com.au

Firstly - trademark registration is a country by country right - so if the domain is owned/used by someone in a different country to where the trademark is registered then you can't simply claim ownership to the domain because you own the trademark 'somewhere in the world'

Secondly, if the person is in the same country but uses/promotes the domain name for an unrelated business type to your own, and to the goods/services subject of the trademark registration then they're not necessarily do anything that breaches your trademark rights. 

Thirdly, if the person is in the same country and using the domain for exactly the same type of product/service to what your trademark registration covers but has used it for longer than you, then they may not be doing anything that breaches your trademark rights.

My tip on these sorts of things - or, anything 'infringement of trademark' related -  always do your homework and be certain of your rights (even if this means seeking professional assistance) before making any contact or threat against someone using a similar name/trademark. You can in fact get in trouble and be sued if you make a threat of legal action that's "groundless" so always careful.


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