Home – New Forums Starting your journey Is a trademark necessary?

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  • #964863
    Shade
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    I’m in the throes of my new working life as a sole trader.
    I have a business name, a domain name (.com.au only) and realise that this provides little in way of protecting that name from others who might like it and want it.

    I am trading in Australia only and only ever intend to.

    At present, I don’t have the funds to pay for an application.

    Is a trademark really necessary for a small business?

    #1008802
    Thrive Promotional
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    Hi

    The following is not from any legal expertise .. however ..

    The only way to protect your name, branding (logo and its design) is via trademark. Even as a Pty Ltd you don’t automatically receive the rights of trademark .. although ‘first in’ may offer some legal protection.

    You have the .com.au (have you already searched to check if there is a business operating with the name .. even if they haven’t registered the domain).

    This might be a first step to consider i.e. check if you are likely to be challenged for the domain or the trademark. If everything is clear, it will come down to your own decision to proceed with a trademark application (if it is easy, you maybe able to lodge yourself) .. and if you believe it is likely to be something that would appeal to others.

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