Too Trademark Or Not To Trademark

by Daniel Borg | Mar 21, 2018 | Branding, Business, Logo Design | 0 comments

too trademark or not to trademark

why should you consider trademarking your business name or logo?

It is a good idea to trademark your business name or logo because it ensures the name and logo design is yours and no-one else can legally take ownership or use it. While you are not legally obliged to register a trademark like you are a business name, it is still important because a logo and business name is what enables your business to stand out from the competition.

Essentially it is the trademark of your business and this trademark is the way your clients recognise your business and the product or service that you provide. Trademarking the name and logo that defines your business is essential in building a brand because it ensures the trade mark remains yours and will be unique in your industry.

what is the difference between the ™ and ® symbol?

The ™ symbol is used for trademarks that are unregistered. Anyone can put one of these against a name or logo and hope it is not used. This symbol does not guarantee that it is protected from trademark laws. It just warns outsiders that you classify it as your trademark. Businesses often use it while they are waiting for their trademark to be registered.

The ® symbol is used on a trademark when it is registered. It is telling people that this trademark is owned by someone and it legally stops competitors from using it for their own gain. This symbol can only be used once a trademark is registered.

Once a trademark is registered it is up to the owner whether to place the ® after their trademark. It is not a requirement and remains safe whether the ® is used or not.

the 3 essentials to trademarking your brand

essential 1.

should I register my brand name, logo shape or both?

Both. It is a common misconception that once you register a business and receive an ABN (Australian Business Number) the name is legally yours. This is not the case. To ensure that your business name and logo are safe from others trading with it you need to get it registered as a trademark.

Registering a trademark gives you exclusive right to use, licence and sell your asset and it is protected under the Trade Marks Act 1995.

A registration lasts 10 years before you need to re-register it. You can search business names and logos here to see whether your name is unique and not registered by someone else.

essential 2.
what is a class and which ones should I go with?

A class is required to register a trademark. There are 45 classes of goods and services and you need to choose what class/classes your trademark belongs to when registering it. You should list all classes that your trademark belongs to. IP Australia suggests asking these questions when deciding your class.

Where do you derive your business income?
What is the nature of your business?
What are you known for by your customers/clients?
What products or services does your business provide?

IP Australia also has Choose Wise Videos which may help with the decision process. To view a list of the 45 available classes click here.

essential 3.
do I need a lawyer or should I go it alone?

This is completely up to you. A lawyer is not a requirement when applying for a trademark. Personally, with things like this I tend to prefer using a lawyer for my own piece of mind. It is also a job that takes some time and I would prefer to pay someone else for their time to do such a tedious job. It is certainly worth doing and getting a lawyer involved ensuring it is done right and any hiccups along the way, they can deal with!

Here is a colleague I have collaborated with in the past should you wish to call for a chat about Trademarks …

Ben Read – Lawyer
Industry Legal
http://www.industrylegal.com.au
M. 0438 699 095

to sum up

Your biggest asset in your business is your name and/or logo. It contributes to branding and it is the way you are known and remembered. It is what people use to pass on business details, it is how people find you online and it is an essential for all businesses. Trademarking your business name and it’s logo ensures it is safe from being used by others and well worth the time to do. And if you run your business right you can build equity into that name and logo which could become a saleable asset should you wish to sell it.

Daniel Borg

Creative Director

psyborg® was founded by Daniel Borg, an Honours Graduate in Design from the University of Newcastle, NSW, Australia. Daniel also has an Associate Diploma in Industrial Engineering and has experience from within the Engineering & Advertising Industries.

Daniel has completed over 2500 design projects consisting of branding, illustration, web design, and printed projects since psyborg® was first founded. psyborg® is located in Lake Macquarie, Newcastle but services business Nation wide.

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Our Logo Hand Over Process

by Daniel Borg | Jun 11, 2017 | Advertising, Branding, Design, Logo Design, Marketing | 0 comments

our logo hand over process

At psyborg® we can create the perfect logo for your business! When we finish a clients logo we typically supply the logo in 4 logo file types, an option for a logo style guide and copyright ownership of the logo. You can also register a trademark for the logo we design and I will explain how to do that in this article.

logo file types

Your logo will be used for everything to do with your business. From letterheads to vehicle signage, online and in print. Different file types are suitable for different applications and this is why you will need your file in more than one format. When I hand over your logo I supply it in 4 file types; EPS, JPEG, PNG and PDF.

EPS

EPS stands for Encapsulated PostScript. An EPS file can contain text as well as graphics.

In essence an EPS is a Vector File, it is scalable without the loss of quality which means the size can be changed and the image remains perfect. EPS is the universal logo format.

The EPS format can be used in print, signage and other industrial applications such as embroidery, laser cutting etc. It is considered the best choice of graphics format for high resolution printing and due to its ability to be scaled without effecting the quality of the graphic it is best used for large signs and banners where the other formats could cause the loss of image quality.

JPEG/JPG

JPEG sometimes written as JPG is short for Joint Photographic Experts Group. JPEG is used for photo images which may need to be smaller files. By smaller I mean they may need to take up less memory online. This is beneficial for web sites or email. Jpeg is widely used on the Internet to display photographs due to the speed at which it can be rendered on a web page.

JPEG can be compressed however pixel quality will degrade each time the format is saved. Another great thing about JPEG is that it can be saved at high resolution, say 300dpi, so it can be a large resolution for print use but a small file size for transmission.

PNG

PNG stands for Portable Network Graphics. This format is similar to a JPEG file however PNG supports transparency whereas JPEG does not.

While JPEG is good for storing photographs at a compressed size PNG is useful for storing line drawings, text, and iconic graphics at a smaller size. Both JPEG and PNG are ideal for use on the internet and may depend on the graphic that has been produced as to which format is better. This is why I supply both as it also depends on how you want to use it.

PDF

PDF or Portable Document Format is a file format used to present and exchange documents reliably, independent of software, hardware, or operating system. The PDF format has become a standard for document transfer between different computer platforms. A PDF file retains formatting for the file being transmitted and is becoming the standard for providing high resolution files to printers.

PDF is ideal for presentation/communication purposes as anyone can see and access it where as typically anyone can not see what an EPS file looks like as it requires industry specific software.

logo style guide

We can also supply a logo style guide. Logo style guides are a great investment for any business and have many uses and benefits.

what is a logo style guide?

A logo style guide is essentially a document that details your logo and how it looks in various media. It describes, defines and presents examples of what your logo looks like using visual representation as a quick reference guide to ensure consistency.

why would you want one?

The reason a logo style guide is beneficial is because it is a quick reference to how your logo looks using all media. It enables you to be consistent when using your logo no matter where or how you are using it. Style guides can be passed on to employees or third party affiliates and suppliers so everyone in the business knows when and how to use the business logo. They help with overall branding as they maintain strong visual presence across all areas of communication with customer/clients ensuring all of your touch points are consistant.

what is included in a typical logo style guide?

Style guides vary in length depending on businesses and the needs/uses of a logo.

Generally they have the following items;

Various uses of the logo. Full colour, Reversed, On Black etc including visuals
Proportional, spacial and composition rules of a logo
Colour Values and Colour Rules
Complimentary Fonts and Typography to be used
Do’s and Don’ts for the logo

If you have any other questions about Logo Style Guides contact us!

copyright

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. Source- Wikipedia

Pretty much no matter what it is, if you created it, you own it and it’s the Australian copyright law itself that assures that ownership. More about copyright can be found here.

who owns copyright of the new logo?

I hand over the ownership of the copyright once payment is finalised, so the business or individual paying for the work will be the owner of the copyright. It’s all yours!

trademarks

A trademark is a recognisable sign, design, or expression which identifies products or services of a particular source from those of others. Source- Wikipedia

You have the option of registering a trademark of your new logo or business name as another way to protect it from being reproduced by others. Only registered trade marks can carry the ® symbol and once it is registered this makes it public knowledge to respect your trade mark and not copy it. For example psyborg® is a registered trademark.

how do I get a trademark?

You can hire a Trademark Attorney or do it your self through IP Australia. IP Australia has all the information you need about trademarks and the process involved in getting one.

Too learn more about registering a Trademark read more here.

what now?

Once you have your logo you need to remember that Consistency is King! Everything you do for your business needs to include that logo! While a logo is not your brand it is the thing that people see to remember your brand, or the symbol that represents your brand.

Using that logo at every touchpoint is mandatory! A touchpoint is any interaction a customer or client has with your business so use that logo to your advantage to reflect, reinforce, and reiterate your core brand. Use it on uniforms, stationery, letterheads, signage, emails … everything!

We love helping businesses to create logo’s and we also run brand workshops to help businesses get started.

Contact us if you need a creative designer! We also do Graphic Design and Web Design and although we are located in the Newcastle and Lake Macquarie region we can help you no matter where you are located as our work can be done remotely due to the efficient systems we have in place.

Daniel Borg

Creative Director

I really do enjoy getting feedback so please let me know your thoughts on this or any of my articles in the comments field or on social media below.

Cheers Daniel

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