ABOUT THE CONTRIBUTOR

Binh Rey
Binh Rey Binh Rey is the Principal Consultant and founder of Seriously Trademarks, she is passionate about helping people and companies to successfully brand and protect their most important business asset, their name. Binh has worked in senior marketing and sales roles within the IT industry for over 15 years, and thus truly understands the importance of branding products and/or services to gain a competitive edge in the market place. Binh holds a Masters of Business in Marketing from the University of Technology, Sydney and has worked within the trademarking services industry for the last five years. Her trademark success rate for clients is over 90% since establishing Seriously Trademarks. She really enjoys learning and helping people find the right protection for their brand. Seriously Trademarks was established with an ambitious aim of providing honest affordable service with great customer care.

Binh Rey has written 21 article(s) for us.

Visit http://www.seriouslytrademarks.com.au

Twitter: @

Linked In: www.linkedin.com/pub/binh-rey/2/5a9/21

Facebook:

Google+:



GET KNOWN

Your passport to success. Empower women to refer and promote your business. Stay top-of- mind by advertising in Working Women magazine.

READ MORE >>



GET SEEN

Promote, advertise and market your business. Our eNoticeBoard is emailed to our database of women in business every week. Be part of the next issue.

READ MORE >>



GET OUT

Network face to face at events. Connect, socialise, learn and be empowered. Promote your business and build strategic business relationships.

READ MORE >>



JOIN WNA

WNA - Where women and business ideas meet and the only network you'll ever need. Become a WNA Member.

JOIN TODAY >>



CONNECT WITH WNA



WNA Blog Home

Business Name Registration Doesn’t Mean You Own It

August 24, 2015 | Binh Rey

Many businesses do not think of calling a trademark consultant when they start up a new business, create a product name or buy an existing business.

It is a fact that registering a business, company or domain name does not give you any proprietary rights. With a trade mark you are able to take legal action against third parties for infringing your trade mark if the business name owner uses it for goods or services like those covered by your trade mark registration.  In common law there is limited protection on offer but who really wants the stress and cost of hiring a lawyer and going to court?

No 5* logo

A recent trademark dispute illustrates what can happen, a chocolatier in Adelaide found out, that the global fashion house Chanel were not pleased with their “Chocolate @ No 5” logo application and had made an objection during the public advertising phase of the process.  Despite the fact that the disputed logo has nothing to do with perfumes, it was deemed too similar in the eyes of the Chanel No 5 trademark owner. Ms Peck, the owner of the Adelaide business has since agreed to make changes to her logo as she couldn’t contemplate a legal battle with Chanel Limited.

What do you think? Do they look similar at first glance? I’ll let you decide

no 5 logo

Why would Chanel’s owner be bothered by a small chocolate maker in Adelaide? Well, because of the mountain of money invested into the “No 5” brand in the ninety years since its launch. Remember that Nicole Kidman, Chanel No 5 advertisement directed by Baz Luhrmann? It had a budget of USD$42 Million and that’s just one season’s campaign. That’s the reason why Chanel will not allow exceptions in the defence of their proprietary brand.  No matter how big or small you are, a big brand will always exercise its legal rights to stop brand theft wherever possible.  It’s not personal, it’s business.

Can I fly under the radar?

No, because social media will eventually expose you when another company discovers your encroachment on their brand. You are better off in the long run if you protect your brand before you spend money on it and avoid a challenge from a competitor just when you thought your brand is worth something.  Why would you wait until someone else wants your name for you to want to own it legally for yourself?

* No 5 and Chanel (words & logo) are registered trademarks of Chanel Limited.

* Chocolate @ No 5 (logo) is a registered trademark of Alison Peck.