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Dear all,
I have a registered business name Sydney Getaway Tours. This name used to be registered beforehand, does anyone know what my chances of trademarking this name would be? I’m concerned due to months of waiting for outcome and costs to keep applying!!!
Thank you all!!!
Up0Hey [USER=114353]@Spirtran[/USER]
I may need more info to properly advise (and, please feel free to send me a PM with the specifics rather than disclose out in public)… so for general information purposes.
A business name itself does not convey ownership to a name. That’s where trademarks come into play – however, a person may acquire common law ownership to a name if they’ve used it even if they don’t register as a trademark.
I had a look (quickly) on ASIC for business names, so can see yours and the prior registration (which appears to have been cancelled many moons ago). Unless there is more to the story, chances are if they’ve completely abandoned use many years ago that prior business shouldn’t be a major concern.
A trademark – by definition – is something you use or intend to use in order to distinguish your services from other traders’ similar services. It’s more difficult to register a trademark for a name that’s lacking in distinctiveness (although not necessarily impossible depending on circumstances)… whilst there’s more to it, the basic question to ask is whether another person in your field is likely to need to use the same/similar name in a descriptive way – which, I think is possible for Sydney Getaway Tours, as it is a kind of descriptive name – which in turn means it could lessen the chance of it being registrable as a trademark. However, as I said, depending on specifics this can be a challenge that can be overcome in some situations. Or, can be avoided by filing a distinctive logo mark rather than plain word mark (noting in that case you’re acquiring rights to the logo featuring the name, and not the name on its own). Unfortunately, descriptive type marks are more challenging to secure as registered marks and can be more difficult to enforce in terms of infringement.
^^ all the above is provided as information and is not advice. These matters are very much case by case in terms of providing advice relevant. As noted, feel free to send me a message and I can answer more specifically for you – or, you’ll see in my signature we offer a free trademark search – which you can also access at https://www.mmwtrademarks.com.au/free-trademark-search/ if of interest.
I hope the above helps at this time.
Up0JacquiPryor, post: 266906, member: 20176 wrote:Hey [USER=114353]@Spirtran[/USER]
I may need more info to properly advise (and, please feel free to send me a PM with the specifics rather than disclose out in public)… so for general information purposes.
A business name itself does not convey ownership to a name. That’s where trademarks come into play – however, a person may acquire common law ownership to a name if they’ve used it even if they don’t register as a trademark.
I had a look (quickly) on ASIC for business names, so can see yours and the prior registration (which appears to have been cancelled many moons ago). Unless there is more to the story, chances are if they’ve completely abandoned use many years ago that prior business shouldn’t be a major concern.
A trademark – by definition – is something you use or intend to use in order to distinguish your services from other traders’ similar services. It’s more difficult to register a trademark for a name that’s lacking in distinctiveness (although not necessarily impossible depending on circumstances)… whilst there’s more to it, the basic question to ask is whether another person in your field is likely to need to use the same/similar name in a descriptive way – which, I think is possible for Sydney Getaway Tours, as it is a kind of descriptive name – which in turn means it could lessen the chance of it being registrable as a trademark. However, as I said, depending on specifics this can be a challenge that can be overcome in some situations. Or, can be avoided by filing a distinctive logo mark rather than plain word mark (noting in that case you’re acquiring rights to the logo featuring the name, and not the name on its own). Unfortunately, descriptive type marks are more challenging to secure as registered marks and can be more difficult to enforce in terms of infringement.
^^ all the above is provided as information and is not advice. These matters are very much case by case in terms of providing advice relevant. As noted, feel free to send me a message and I can answer more specifically for you – or, you’ll see in my signature we offer a free trademark search – which you can also access at https://www.mmwtrademarks.com.au/free-trademark-search/ if of interest.
I hope the above helps at this time.
Dear Jacqui,
I can’t thank you enough for your time and help. I think I will take some time to think of a more original name and possible logo to go with it. I think you would be a great lawyer for the application process. Thanks again and I’ll email you direct in future to ask for a quote. Kind regards, Spiro.Up0My absolute pleasure – glad it was helpful! In the interest of transparency, I’m not a lawyer… I am a registered trade marks attorney though so know trade mark law inside out and happy to help any time
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