Understanding Name Copyright and Trade Marks

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:
   • A 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. 😊

About The Author

Jim Moustakas

Jim Moustakas is a seasoned professional in the realm of video production and commercial photography, born in the vibrant city of Frankfurt, Germany, on December 27, 1973 and then migrated to Australia in 1981. Jim’s passion for content creation ignited at the tender age of 15, a flame that has only grown brighter with time.

In 1988, while still at Randwick Boys High School in Year 9, Jim embraced the role of the resident school photographer together with other school mates, cultivating his skills in the magic of the dark room which he ran at his school. This early exposure to the art form laid the foundation for his future endeavors. Between 1992 and 2000, Jim honed his craft in the wedding photography business, capturing countless moments of joy and celebration.

The turn of the millennium marked a new chapter in Jim’s career as he embarked on a decade-long adventure from 2000 to 2011, traversing the diverse landscapes of Australia. As a national school photographer, Jim not only chronicled the academic journeys of countless students but also extended his services to Indigenous children in remote communities. His commitment to ensuring these students were not deprived of cherished school memories due to their geographical isolation speaks volumes of his character.

During this period, Jim also collaborated with Australian Geographic as a freelance shooter, skillfully documenting various assignments that aligned with his travels across Australia.

After a brief interlude from the industry, Jim’s entrepreneurial spirit led to the inception of Visionair Media in 2012. Under his leadership, Visionair Media has flourished into a reputable commercial photography and video production agency. The company prides itself on delivering top-tier photography and video production services to both the commercial and government sectors, showcasing Jim’s unwavering dedication to his craft and his ability to adapt and evolve within the ever-changing landscape of visual media.

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