However, IP Australia exhibits around 148 results after a trademark search is conducted for PEPS. These results include similar names such as PEP, P.E.P and Bio PEP. But it is not a matter of concern as they are operating and registered in different goods and service classes. Therefore, they are not violating the trademark rights for PEPS and will not be held responsible of infringements.

Since 1906, there have been over 1M trademarks registered in Australia! Moreover, 5% of that (almost 50,000) were registered in the 2004/05 financial year!

Nearly two decades later, in 2013 the chocolatier has a major setback when they applied for new trademark to include a wider range of products such as drinking chocolates, cakes and such! What’s wrong with that, you ask? The application was opposed by none other than Nestle!

The application was not only for its chocolate products but also for the colour purple, just like their application back in 1995 but Nestle contended on the basis that the colour purple “had no distinctive character, and was too broad for a range of goods”.

The UK Court of Appeal corresponded by rejecting the application.

If this case teaches us anything, its the importance of making a clear and concise trademark application.

Fortunately, all these troubles are avertable by properly clearing and registration of a business trademark.. However, most of these mistakes are made during this process because business owners  try to do it themselves rather than engaging an IP agent.

Here are 5 trademark related mistakes to avoid for businesses

1. Doing it themselves to save money

Many businesses seek to avoid professional fees and investing their time and resources in registering trademarks by themselves or seeking cheaper services. However, this can lead to  several errors that can cause invalidity of the trademark, financial loss, loss of rights, and later lead to a failed trademark registration. It is wise to do it once and do it properly with the help of IP experts and professionals.

2. Registering a trademark but not securing a domain name and social media profiles

Once a domain name is registered by a third party using someone else’s business trademark, it can be time-consuming and expensive to stop them. They can use the domain name and social media platforms and can publish inappropriate content that may confuse customers. This can result in a huge loss of business reputation and money. Therefore, it is essential to check the availability of your business domain name and register it before some other company takes over the name as it would be costly to buy it from them.

3. Have not trademarked business name

Just because a business has registered its business name does not mean it owns the trademark. Registering a business name and a business trademark are two different things. When registering a business name, they need to check for the availability of their desired trademark.

Businesses should keep trademark registration as a priority as it gives them the right to use the name, and prevent someone else from using it. While with only a business name registration they will not have this exclusive right.

4. Not letting others know of a trademark

Once a business trademark is registered, you need to let other businesses know of your trademark by using the ® sign next to your trademark. This sign is a symbol of your trademark registration which is also a legal requirement. Not putting the sign can lead to financial and legal troubles.

5. Not monitoring the trademark

Lastly, trademark owners think that mere trademark registration is enough to protect their business. This is a misconception. Business owners need to monitor and keep their eyes on the market and on businesses that may be using their trademark, name, or logo that can cause significant damage to their business reputation and value.

If this is the case, the matter needs to be discussed with an IP expert.

Trademark search is an important step in the registration process as it enables you to avoid picking out and violating already registered trademark rights. Any attempts of registration and usage of such marks will be costly and time consuming as it will result in being summoned to the court by the trade mark owner. This may also result in recalling products, halting, and cancelling advertisements and registering and launching a new mark in short notice, all of which are significant losses to be considered.

It is wise to search as widely as possible to identify the options available. However, the process is not as simple as it sounds and requires specialist skills as merely searching for identical marks will not be sufficient. Therefore, seeking assistance and advice from an IP professional is a wise option to take. An IP professional can help you in terms of legal, financial, and business aspects of a trademark. They are experts that can help you in applying and obtaining trade mark registration and protection, advising you on efficient use of trademarks, licensing and assigning of trademarks, and assisting you in enforcing trademark laws.

If you come across registered or pending trademarks that are similar as yours, you need to check for their class, as similar marks can co-exist if they are related to different types of product or service classes.

Trademarks are one of the perpetual properties and intangible asset an entity can have that adds value over time. Therefore, it should be unique and distinguishable, and an extensive trademark search before the registration is recommended.

To conduct a Trademark Search visit https://trademarker.net.au/search-request/