Whenever a brand decides to put itself out there in the open marketplace, there is a concern about the infringement of a trademark somewhere along the line. From something as tangible to a name or a logo to something as more obscure like a business concept, breaches of intellectual property (IP) can be placed before a legal proceeding. To bypass that entire scenario, it is necessary to follow up some checks and to stick to some core operational principles.
Researching Available Trademarks
Fortunately, domestic brands who fear they might be in violation or anything of concern about the infringement of a trademark can research the subject before they make an official approach. This can be discovered through the Australian Trade Marks Online Search System or ATMOSS for short. It is a mechanism that allows users to compare similar registrations, helping participants to avoid stepping into that territory if a potential breach could be identified. The more generic the search, the more of a challenge it will be to see if any complications could arise.
Correct IP Registration Process
For those businesses who are in development of intellectual property and want to avoid confronting any infringement of a trademark, they need to engage the right registration process. The submission process will happen through the government department IP Australia, encouraging enterprises and individuals to submit their application with all of the relevant documents and details. It is beneficial to have multiple parties examine this paperwork before it is lodged through the government for a quicker outcome to be achieved.
Dealing With a Legal Representative
One of the most effective strategies that anyone can use to manage a potential infringement of a trademark is to have a legal representative onboard. These lawyers understand the terrain better than anyone else, bringing onboard their expertise and credentials when companies are on the fence about their legitimacy or the infringements from other entities. Trying to navigate through these processes will be a challenge without their resources and knowledge, empowering them to represent their client’s IP interests at all junctures.
Avoid Misleading for Trademarks
A central reason why an infringement of a trademark will arise for businesses is because they attempt to mislead the public with a name or logo that is almost unrecognisable from a known entity. It is a marketing ploy that can venture into illegal territory depending on the nature of the approach. If there is an understanding from the owner or the project manager about infringing with these provisions, then it is always a safer philosophy to avoid that situation altogether.
Create Original Materials
Commercial participants will never have to stress about an infringement of a trademark when they always use 100% original materials for their brand awareness campaigns. Of course that becomes a drain on resources and impacts on the time and money allocated to the business, but it is the best method to safeguard the organisation from any potential legal violations that can arise over time. This is where the top practitioners will invest in their creative team, fostering a division that works in accordance with compliance regulations before delivering something unique at every stanza.
Opt for Royalty-Free Options
A sound strategy that brands can use in these settings is to source content that is classified as royalty free. From images and audio files to artistic displays and other options of that profile, this is a way to quickly find usable material without having to pay for its use or to worry about IP breaches. The only downside with this approach is that royalty free collections are usually low to medium quality and will be inconsistent for accessibility, but it will remove the risk of an infringement of a trademark.