Migrating our blog

UPDATED: All done, thanks.

We’re migrating our blog to a new platform.  Please excuse the mess while we finish the job.

3989370166_2b4b05d246

MYTH: Registering a business name will prevent others using that name

A business name records the existence of a business. It does not, of itself, protect the name of the business.

In most cases, others will be able to register business names with small variations, potentially leaving customers confused as to which company is the original.

Only a registered trademark gives you legal ownership over your brand.

What goods and services should I include in my application?

This is often the most difficult part of the application, and where most people run into trouble.  Thankfully, we can assist – for free.

Trademarks are registered for particular goods and services.  That is, your legal rights are limited by the goods and services you include in your application.  Registering your trademark for “t-shirts” doesn’t prevent someone also using your trademark for “medical services”.

The description of goods and services is intended to be a plain language description of the products you sell and the services you provide.  Whatever you intend to put your trademark on, you should include in your application.

It’s a requirement that your goods and services are correctly classified into one of the 45 different trademark classes.  The classes are general groupings of different, but related, goods and services. If you don’t get this part right, your application will likely be rejected.

But don’t worry about the complexity of all this.  It’s where we can help.  You know your business and our website can classify your description of goods and services for you. You can pick from literally thousands of pre-approved descriptions, or even describe your business in your own words.  If you have a website, this tool is clever enough to scan your website for suggest wording for ou!

TIP – we often find it helpful to type in the names of other websites that do something similar to your business – it normally gives you some good ideas of where to start.

Good Grips in Australia

Helen of Troy Limited, a US company, recently filed a trademark application for “Good Grips” in the US.  The brand has been around for a while, better known as being used by Oxo International for knives and forks. 

In this our regular series of Brand Splotlights, we reviewed how the “Good Grips” brand would look in Australia. 

Brand Spotlight – Good Grips in Australia

Summary

Trademark:   “Good Grips” is already registered as a trademark in Australia for what appears to be similar goods and services.

Domain name:   The .com and .net domain names are already registered. The .com website appears to be popular, with significant Internet traffic. The .net website does not appear to be popular generally, but may be within a specialised field. The .com website appears to be used for similar goods and services.

Company name:   “Good Grips” has not been registered as a company name or business name, but there are a number of other similar names registered.

General usage:   The term “Good Grips” appears frequently on the Internet and may already refer to something else. The brand consists entirely of common English (Australian) words.

What does this mean?

The strongest brands are distinctive. This report searches for your brand against a number of different databases and combines the results to provide an overall indication of your opportunity to create a distinctive brand. 

  • Brands which are already registered as trade marks for similar goods and services would be a poor choice as a new brand. Not only is that a strong indication a brand is already being used, but you may also end up infringing someone’s rights.
  • Brands which are not registered as trademarks but are registered for other business related things, such as company names or domain names, also suggest that the brand may already be in use. You should investigate further to determine the established reputation of each person and whether they are using the brand for similar goods and services. If the brand is being used for something completely different, there’s still a good opportunity for you to create a unique brand for your particular goods and services.
  • If your brand has not been registered, but is commonly used (on the Internet or as a common word), there is a chance that your brand may be descriptive of your goods and services and therefore not easily registered or protected. Similarly with common surnames. For example, “Smith Plumbing” contains both a common surname and descriptive term, and is unlikely to create a new and unique brand.
  • Even if your brand is a common word, there is still an opportunity to use the word for unrelated goods and service and create a new and unique brand. For example, “Apple” for computers.

Trademark

“Good Grips” is already registered as a trademark in Australia for what appears to be similar goods and services.  

Search results

# Trademark Application Number Status Goods and services Logo View
1 good grips 1193293 registered 8, 9, 21   View
2 good grips 1279414 registered 10 View

 

More information

More information about trademarks and a simple and cost effective process for registering a brand can be found at http://tmarque.com.au.

Domain Name

The .com and .net domain names are already registered. The .com website appears to be popular, with significant Internet traffic. The .net website does not appear to be popular generally, but may be within a specialised field. The .com website appears to be used for similar goods and services.  

Search results

# Domain Status Country Popularity Age Similar goods and services? View
1 GoodGrips.com Registered Global Medium 15-Feb-1996 Yes View
2 GoodGrips.net Registered Global Low N/A No View
3 GoodGrips.com.au Available Australia Register
4 GoodGrips.net.au Available Australia Register

 

More information

More information about domain names can be found at http://tmarque.com.au/web/domain_names.

Company Name

“Good Grips” has not been registered as a company name or business name, but there are a number of other similar names registered.  

Search results

# Name Type Registration Number Status View
1 GOOD GRIP TYRE & AUTO Business Name VIC B2231651H REGD View

 

More information

More information about company and business name registrations can be found at http://www.asic.gov.au.

General usage

Online usage

The term “Good Grips” appears frequently on the Internet. A search in most popular Internet search engines will return thousands of results.

# Search View
1 Google View
1 Bing View
1 Yahoo! View

 

Australian geographic locations

The brand does not appear to contain any Australian geographic locations.

Common Australian surnames

Good is a common Australian surname.

# Word Common Surname
1 Good Yes
2 Grips No

 

Common words

Good is a common English (Australian) word. Grips is a common English (Australian) word.

# Word English
1 Good Yes
2 Grips Yes

 

Same brand, different goods and services – Vortex

This week we highlight the issue of brand scarcity by looking at the word “Vortex”.

Vortex was recently applied for as a trademark by LG Electronics in the US.  But the market is already quite crowded with “Vortex” marks.  Below is how the market looks in Australia.

Trademarks can be used by different vendors for different goods and services.  And that’s what you see below.  From the below you can see that Vortex has not been registered yet in relation to (for example) firearms, jewellery, etc.

However, in an online world, there is only one vortex.com globally, and that is registered.  So care needs to be taken in selecting the correct name.

Vortex

Trademark:   “VORTEX” is already registered or pending registration as a trademark in Australia. Depending you your intented use of the trademark, it may still be available for registration for your goods and services (for the purposes of this report we’ve assumed you can distinguish existing trademarks from your planned use).

Domain name:   The .com, .net, .com.au and .net.au domain names are already registered. The .com, .net, .com.au and .net.au websites do not appear to be popular generally, but may be within a specialised field. The .net.au websites appear to be used for similar goods and services.

Company name:   “VORTEX” is already registered as a company name in Australia.

General usage:   The term “VORTEX” appears frequently on the Internet and may already refer to something else. The brand consists entirely of common English (Australian) words.

Trademark

“VORTEX” is already registered or pending registration as a trademark in Australia. Depending you your intented use of the trademark, it may still be available for registration for your goods and services (for the purposes of this report we’ve assumed you can distinguish existing trademarks from your planned use).  

Search results

# Trademark Application Number Status Goods and services Logo View
1 vortex 378029 registered 7   View
2 vortex 745221 registered 28   View
3 vortex 747351 registered 9   View
4 vortex 823609 registered 4   View
5 vortex 843183 registered 10 View
6 vortex 851374 registered 7   View
7 vortex 868545 registered 5   View
8 vortexml 873785 registered 9 View
9 vortex 876532 registered 7 View
10 vortex 891167 registered 18   View
11 vortex4 growth ventures 911946 registered 35, 41 View
12 vortex 916298 registered 12   View
13 vortex 919762 registered 9 View
14 vortex 928517 registered 19   View
15 vortex 955151 registered 11   View
16 vortex 955837 registered 11 View
17 vortex 974082 registered 6   View
18 vortex 976637 registered 5   View
19 twin vortex mixaerator 999032 registered 7, 11, 40 View
20 energy vortex 1033782 registered 9, 14   View
21 vortex 1038833 registered 7   View
22 vortex 1079086 registered 11 View
23 vortex 1083458 registered 12   View
24 vortex 1092531 registered 12   View
25 vortex 1095325 registered 25 View
26 vortex 1096274 registered 12   View
27 vortex 1125716 registered 9   View
28 vortex audio 1125719 registered 9 View
29 vortex 1129459 registered 7   View
30 vortex 1143699 registered 5, 21   View
31 vortex energy 1144038 registered 41 View
32 vortex 1144483 registered 7   View
33 vort-x 1155868 registered 16, 20, 39   View
34 ‘vortex’ infloor cleaning & circulation system 1162411 registered 7, 40   View
35 vortex 1184014 registered 12   View
36 vortex 1188953 registered 7, 23   View
37 v vortex 1188954 registered 7, 23 View
38 vortex 1220334 registered 28   View
39 vortex 1220873 registered 9   View
40 vortex induction 1253456 registered 7 View
41 vortx 1284756 pending 11 View
42 vortex 1293594 registered 11   View
43 vortex 1293598 registered 19   View
44 vortex 1320655 registered 7 View
45 vortex 1324864 registered 7   View
46 vortex 1334615 pending 7   View
47 vortex 1347771 pending 12 View
48 the vortex centre 1348796 pending 41   View
49 vortex 1359361 pending 21   View
50 pacific vortex challenge 1372442 pending 36, 41 View
51 pacific vortex challenge 1374959 pending 36, 41   View

What does this mean?

This search is a “exact match” search of the Australian trademark office database.  The database is updated daily, but it can take a number of days for new applications to appear and therefore in some circumstances the results may not show all relevant entries. Our search shows the first 100 results.

Trademarks are registered for particular goods and services. Even if a brand is already registered as a trademark, it is often the case that a new application can be distinguished from existing application’s because it relates to different goods and services. For example, “Aardvark” could be registered by one person for clothes and another different person for computers.

Domain Name

 The .com, .net, .com.au and .net.au domain names are already registered. The .com, .net, .com.au and .net.au websites do not appear to be popular generally, but may be within a specialised field. The .net.au websites appear to be used for similar goods and services.  

Search results

# Domain Status Country Popularity Age View
1 VORTEX.com Registered Global Low 27-Oct-1986 View
2 VORTEX.net Registered Global Low 21-Jun-1997 View
3 VORTEX.com.au Registered Australia Low N/A View
4 VORTEX.net.au Registered Australia Low N/A View

Company Name

“VORTEX” is already registered as a company name in Australia.  

Search results

# Name Type Registration Number Status View
1 VORTEX Business Name VIC P969943 PEND View
2 VORTEX PTY. LTD. Company ACN 055 571 189 REGD View
3 VORTEX (VIC) PTY LTD Company ACN 131 124 420 SOFF View

General usage

Online usage

The term “VORTEX” appears frequently on the Internet. A search in most popular Internet search engines will return thousands of results.

# Search View
1 Google View
1 Bing View
1 Yahoo! View

Australian geographic locations

The brand does not appear to contain any Australian geographic locations.

Common Australian surnames

The brand does not appear to contain any “common” Australian surnames.

# Word Common Surname
1 VORTEX No

Common words

VORTEX is a common English (Australian) word.

# Word English
1 VORTEX Yes

Blog migration

The blog will be back up shortly! We’re just moving it to a new platform.

login