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We recommend that you protect your trading name and any associated
logo as trade marks. Doing so will give you the exclusive legal
right to use the name and logo in respect of the goods and services
you provide.
Business name and company name registration give a trader the
right to use a name, but it is only registration under the Trade
Marks Act which provides the following benefits:-
- an exclusive legal right to use the name and logo in respect
of the services they are registered in relation to, which will
enable:-
- the marks to accumulate value in a balance sheet; and
- the marks to be licensed, for a fee to others (such as franchisees);
- confidence that your use of the marks will not be in breach
of any rights to the name or logo of other traders;
- a monopoly in the name, which will assist in preventing
others from using similar marks in relation to your nominated
goods and services;
- registration is evidence of your better right to the marks
in the unwanted event that another trader alleges infringement
of their name or logo; and
- business name registration only applies in Queensland, but
a trade mark is national protection.
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