Name copyright (often referred to as trade mark protection) plays a crucial role in safeguarding a business’s brand identity. When you create a unique name for your business, product, or service, it’s essential to ensure that it doesn’t infringe on existing trade marks. Here are some key points:

  1. Trade Marks and Similar Names:
    • registered trade mark can protect various elements such as logos, phrases, words, letters, colors, sounds, smells, pictures, movements, and aspects of packaging.
    • Using a name that is substantially identical or deceptively similar to a registered trade mark could expose you to liability for trade mark infringement.
    • Even using someone else’s trade mark in your website URL could be considered infringement.
    • Here is an interesting article on How to search Existing Trademarks written by IP Australia
  2. Challenges we have had with Similar Names:
    • We’ve encountered situations where individuals unknowingly register names that are similar to existing trade marks that we hold. For example, names like “Visionare,” “Visionaire,” “Visionary,” and “Visionairy” in various forms.
    • These cases often involve young entrepreneurs who may not fully understand the legal implications of their chosen names.
    • As the holders of the registered trade marks, we sometimes have to take action to protect our brand. This can mean asking others to deregister similar names and make changes to their branding efforts.
  3. Due Diligence Before Registering a Name:
    • To avoid unintentional infringement, consider the following steps:
      • Search Existing Trade Marks: Use official databases to check if similar trade marks exist.
      • Industry Research: Investigate whether similar names are already in use within your industry.
      • Domain Name Availability: Check domain name availability to avoid conflicts.
      • Consult Legal Professionals: Seek legal advice to navigate the complexities of IP rights.

Remember, choosing a brand name involves more than just creativity—it requires strategic thinking and awareness of existing trade marks. By conducting due diligence and respecting intellectual property rights, you can build a strong and legally compliant brand. 😊

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