Home – New Forums Starting your journey Can I use the Acronym MTV

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  • #979483
    spinninghill
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    Hi all. Can I use the acronym “MTV” in a company name if that company:

    a) has nothing to do with MTV Music and related companies
    b) Are my initials
    c) The full company name is not currently registered with ASIC?

    Any tips appreciated. Including the ASIC link I should be using. I used: https://connectonline.asic.gov.au/RegistrySearch/faces/landing/bn/SearchBnRegisters.jspx?_adf.ctrl-state=secn21x1b_4

    I checked “Check Business Name Availability”

    Thanks all

    Michael

    #1114567
    tonyk
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    I can’t see you having any issues on the provisio that it doesn’t form the entirety of your business name.

    #1114568
    spinninghill
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    yeah, it certainly wouldnt be my full company name. Cheers

    #1114569
    Kennethti
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    There are two issues you need to consider which are:

    1. Business Name
    2. Trade Mark

    A business name is not the same as a trade mark and they operate on different rules. The business name registry is not the same registry as the trade mark registry.
    I have previously written in relation to this subject – have a look at my website http://www.trademark-lawyer.com.au/2010278/dont-get-confused-business-names-and-trade-marks

    All in all, if you are in the music industry or television broadcasting industry you might have an issue.

    Drop me an e-mail if you’re still unclear.

    #1114570
    JacquiPryor
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    Hi Michael,

    First thing I picked up on is that you referenced a company name, and then mentioned you were checking business name availability – whilst both are governed by ASIC these days – you can access them as separate databases.

    On the home page of http://www.asic.gov.au you’ll see down on the right hand side an option to search ASIC registers… where it says “within” – select Organisations & Business Names – this will ensure you’re checking availability of companies as well as business names.

    If you use the acronym in a company name, which has nothing to do with music/entertainment etc and it’s clearly an unrelated business to “MTV” that we know it should be ok. As others have said, using MTV on its own – or, incorporating it into a longer/fuller name in the music/entertainment space could see issues.

    As Kenneth mentioned, the Trademarks register/database is separate to the company or business names database. Interestingly, a super-quick look in the trademark database shows that in 2010 an individual was able to register MTV08 as a trademark (MTV being her initials too) – in relation to ‘accounting services’. These services are clearly different to those that “MTV” are known for – she received no objections from the Trademarks Office, neither did Viacom (MTV trademark owner) file any opposition – indicating (whilst not guaranteeing) that Kenneth’s comments & those above are on track – use in fuller version than simply MTV on its own, and for unrelated services should be ok.

    Hope this helps? :)

    #1114571
    Divert To Mobile
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    I have no idea which classes MTV have trademarks in Australia but as long as you dont overlap with them you should be ok.
    Best to do a trademark search and be sure – they may not be as nice as Jack Daniels.

    Steve

    #1114572
    JacquiPryor
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    Following from steve’s comment – yes – unless MTV is counted as a ‘famous’ trademark.. which comes under another area of trademark law concerning – basically, if a mark is so famous any use of the same or similar name by another person would be confused by consumers as somehow associated with that famous mark then it’s kind of like it’s covered for all classes and not just those immediately relevant or claimed in their trademark registration/s. That said, I’m not certain whether MTV would fall into this famous category – but, worthy of noting should others come along and read….

    #1114573
    Kennethti
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    But everyone’s heard of MTV!

    #1114574
    Australian Businesss
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    Divert To Mobile, post: 128587 wrote:
    I have no idea which classes MTV have trademarks in Australia but as long as you dont overlap with them you should be ok.
    Best to do a trademark search and be sure – they may not be as nice as Jack Daniels.

    Steve

    I think you should not compare them with each other.

    #1114575
    JacquiPryor
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    Kennethti, post: 128612 wrote:
    But everyone’s heard of MTV!

    Hmmm… you raise a good point!

    #1114576
    Divert To Mobile
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    JacquiPryor, post: 128590 wrote:
    Following from steve’s comment – yes – unless MTV is counted as a ‘famous’ trademark.. which comes under another area of trademark law concerning – basically, if a mark is so famous any use of the same or similar name by another person would be confused by consumers as somehow associated with that famous mark then it’s kind of like it’s covered for all classes and not just those immediately relevant or claimed in their trademark registration/s. That said, I’m not certain whether MTV would fall into this famous category – but, worthy of noting should others come along and read….

    Thanks Jacqui,
    Didn’t know about that rule.

    Steve

    #1114577
    Divert To Mobile
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    Australian Businesss, post: 128648 wrote:
    I think you should not compare them with each other.

    4 Weeks ago we had a thread on trademark infringement on Jack Daniels.
    I was referring to it.

    Steve

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