How To Trademark An Online Business

1

• Things To Know Before You Apply For A Trademark

2
Introduction

• You decide to open an online store. Then you put
  in the effort to develop a solid foundation for
  your company. Consumers have developed a positive
  opinion of your brand and its items.
• Then one day, a long-time customer sends you an
  alert. Someone is taking advantage of you.
  They've copied your product, logo, and business
  name, and are profiting purely off your hard work
  and originality.
• Could all of this have been avoided if your
  intellectual property had been trademarked? Yes,
  it appears to be a major hassle, but it may be
  worthwhile. What exactly does it entail, anyway?

3
Trademark Your Business

• While you can never totally exclude copycat
  competitors, trademarks can provide an additional
  degree of protection. In the event of a legal
  disagreement, you can use your trademark as proof
  of your idea and that you were the first to come
  up with it.
• Ecommerce entrepreneurs frequently ignore
  trademarks due to their hazy nature and the
  fast-paced nature of the industry. They are,
  nonetheless, a valuable asset for any firm, and
  their worth grows over time.
• I've got you covered today if you want to learn
  more about how to trademark your business name,
  what additional parts of your firm you can
  trademark, and much more. I contacted numerous
  trademark and business attorneys in the industry
  to get answers to the burning trademark questions
  that keep fledgling entrepreneurs awake at night.

4

• Before we begin, I must emphasise that there is
  no alternative for talking with a legal
  practitioner. I'll walk you through the
  fundamentals of using this critical intellectual
  property instrument. Please contact a legal
  consultant for particular counsel (we'll go over
  how to employ competent attorneys shortly as
  well).

5
Online Business Trade Marks

• To register a trade mark for your internet
  business, you must first evaluate the nature of
  your business and determine what items or
  services you offer and how to define them. When
  filing a trade mark application with IP
  Australia, you must specify the goods or services
  for which your trade mark will be used. You'll
  also need to figure out which groups your
  products or services fall under.

6

• It can be difficult to know what to include in
  your application and which classifications they
  belong to. Furthermore, due to the nature of
  their operation, most internet enterprises would
  have to nominate more than one class in their
  application. If you run an online marketplace for
  wine wholesalers and buyers, for example, you
  might want to seek protection for your trade mark
  across a variety of classes. Class 33 contains
  alcoholic beverages (excluding beers), class 32
  includes beers, and class 35 includes the
  establishment of an online marketplace for buyers
  and sellers of products and services.
  Furthermore, if you've created a non-downloadable
  tool for this industry, then you may need to file
  a claim in class 42 for online provision of
  non-downloadable web-based software or
  applications.

7

• Startups and Trademarks

• Many startups are run entirely online. As a
  result, while registering a trade mark for a
  startup, the same online business factors must be
  considered. For many company founders,
  trademarking their brand name and logo comes
  first. You should consider protecting your trade
  secrets and patents if you have complex
  intellectual property assets.

8

• Conclusion

• When you apply for a trademark keep in mind that
  the Trade Marks Act requires that trade marks
  meet certain requirements in order to be
  registered. Familiarizing yourself with how your
  trade mark will be evaluated can mean the
  difference between choosing a trade mark that
  will pass examination in 7.5 months (the shortest
  time a trade mark can be registered) and a trade
  mark that will not be registered.
• The trademarking lawyers at IP Partnership can
  help you register your trade mark for your online
  business or startup. If you have any questions,
  please contact us at 1300 544 755.