Legal things YOUR business NEEDS! Today: Trademarks, Copyright and Patents.

Written by  //  March 11, 2016  //  Daily Juice  //  No comments

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Day 3 of Legal stuff YOUR business needs! (Following on from Day 1 and Day 2). Today it’s all about protecting our Intellectual Property (that means Trademarks, Copyright and Patents) and OH MAN, we are SO not good at doing this!

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Trade Marks

Have you registered your Business Name? Good! But did you know that registering it is not at all the same as Trademarking it!

Let’s say you have registered the business name “Carolyn’s Cakes”. If you haven’t Trade Marked“Carolyn’s Cakes” is totally possible for SOMEONE ELSE to later trade mark it,  trade under that name and then possibly force you to change YOUR trading name!


So, you really, really NEED to Trade Mark your name. And do it pronto!

I realise the application process and cost of registering a trade mark, is a bit off putting. But it’s much better to suck it up now than find yourself defending trade mark proceedings, or being forced to change YOUR name if someone else gets in and registers the trade mark before you.

(Let me just say AGAIN. This really happens! There are many examples of this type of dispute, so Trade Mark your name, and do it NOW!) 


The good news about Copyright in Australia (and most other places) is that it is automatic. This means that when you create work like a photo, image or piece of writing, it is generally protected. And if you publish books, articles, journals, or create designs, artworks, film or music, then copyright protection mostly also applies.

It is a good (and FREE!) idea to add a copyright notice, to all your work like this: © Copyright 2016 The Business Bakery Pty Ltd.

As your business grows though, copyright protection may not be enough to protect your hard work. Your logos, designs and inventions may become quite valuable, and then you should really have them additionally protected by a trade mark or patent. This is also super-important if you think you might want to sell your business.


If your business is developing something unique and inventive you should consider registering patents (as well as trade marks). A patent will grant you exclusive rights to market your invention and generate income for your business.

While patent registration may be expensive, you should really make it a priority. If someone else discovers you have an unregistered patent (Known as a ‘trade secret’. Really!) they may patent it and preventing you from using it.


So register your Patents as early as you can!

Top Tip!

I know you have a lots of other ways to spend your time and money, but looking after your hard work is super-important. Protecting your Intellectual property might not sound very exciting but it’s totally worth it!


Right! Because your Trade Marks are SO IMPORTANT,  I’ve organised a special DISCOUNT for you!

LegalVision will do your

  • trade mark application for $500 (ex GST) per class including the government fees;
  • trade mark registration for $500 (ex GST) per class  including the government fees; 

AND, they will give you a 10 per cent discount on any of their other services.


LegalVision aren’t your usual Law Firm: they charge Fixed Fees, they are famous for their affordable pricing and have the loveliest lawyers you will ever meet!

To get your special rate just go to this special Business Bakery page on the LegalVision website. And do it NOW!


The Legal information in this blog post was provided by the awesome Ursula Hogben of LegalVision, who I have known for many years. You’d love her!

Ursula is General Counsel at LegalVision. She has over 15 years’ local and international investment banking and corporate law experience. Ursula has expertise in capital raising, mergers and acquisitions, information technologyand general corporate law. Ursula is an active member of Australia’s entrepreneur community and speaks, writes and is interviewed on issues relevant to startups and established businesses.





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