• Home
  • Anthill Magazine
    • Funding & Finance
    • Tech & Innovation
    • Marketing & Media
    • Growth & Export
    • Management Matters
    • Startup & Entrepreneurship
    • B2B Sales & Marketing
    • Anthill TV
    • Podcasts
  • WEBINARS
  • TOOLS WE LOVE
    • B2B School
    • B2B Dash
    • Anthill Team Buying Club
  • About Us
    • What is Anthill?
    • Advertise
    • Contact Us
    • JOIN THE ARMY (FREE)
    • JOIN the Anthill Team Buying Club
  • SUBSCRIBE
Search
Thursday, February 2, 2023
  • Subscribe
  • Advertise
  • Contact
ANTHILL MAGAZINE
ANTHILL MAGAZINE ANTHILL MAGAZINE
  • Home
  • Anthill Magazine
    • Funding & Finance
    • Tech & Innovation
    • Marketing & Media
    • Growth & Export
    • Management Matters
    • Startup & Entrepreneurship
    • B2B Sales & Marketing
    • Anthill TV
    • Podcasts
  • WEBINARS
  • TOOLS WE LOVE
    • B2B School
    • B2B Dash
    • Anthill Team Buying Club
  • About Us
    • What is Anthill?
    • Advertise
    • Contact Us
    • JOIN THE ARMY (FREE)
    • JOIN the Anthill Team Buying Club
  • SUBSCRIBE
Home Management Matters Of logos, words and turf wars
  • Anthill Magazine
  • Management Matters

Of logos, words and turf wars

By
Contributor
-
Jun 24, 2009
0
Facebook
Twitter
Google+
Pinterest
WhatsApp

    Tony Eades’ recent article, Is your logo a ‘no-go’?, contained sound advice about the benefits of having a current and well-designed logo.

    Should you take up Tony’s advice, there are intellectual property issues you need to consider when commissioning a new logo.

    First, a logo used to differentiate goods or services in the course of trade is a trade mark.

    Trade marks, which can also be words, shapes, sounds and even smells, can be registered in various classes of goods and services to provide the owner with monopoly rights.

    So, how original is your design? Not only do you want a logo that is clearly associated with your business, but you want a logo that could not be confused with a pre-existing logo, particularly one relating to a similar business.

    A recent case reported in the media demonstrates the point. The well-known trade mark, “Vo-Vo” is owned by Arnotts and has been used in relation to iced VoVo biscuits for many years. Indeed, the trade mark was registered in July 1906.

    Krispy Kreme launched a donut called the Iced Dough-Vo, that apparently Arnotts thought was too similar to its trade mark.

    In this case, the matter was resolved with Krispy Kreme agreeing to rename the product, but sometimes these disputes end up in expensive litigation.

    Any dispute with the holder of a pre-existing trade mark is best avoided. To reduce that prospect, you can search the Australian Register of Trade Marks for similar trade marks, or get an experienced searcher to do it for you.

    Second, a logo is an artistic work and will be subject to copyright. Copyright is an automatic right that vests in the creator for their life, plus 70 years.

    Where the author of the logo is a member of your staff employed to perform graphic design tasks, the employer will own the copyright, unless there is an agreement to the contrary.

    However, if you commission an independent designer or design company to create a logo for you, they will almost certainly own the copyright in the design unless you obtain an assignment in writing. This can and should be done when you commission the work.

    Once you have your logo, you should register it as a trade mark in all the relevant classes of goods and services. Sometimes, these are not all immediately apparent.

    If you’re conducting business overseas, you should also consider registration in other countries.

    Obtaining professional advice and assistance can help ensure something is not missed.

    Michael O’Donnell is head of the Trade Marks team at Phillips Ormonde Fitzpatrick, one of Australia’s largest patent and trade mark attorney firms.

    • TAGS
    • Australian Register of Trade Marks
    • copyright
    • Design
    • intellectual property
    • Intellectual Property
    • Legal
    • logo
    • original design
    • original logo design
    • patent
    • Phillips Ormonde Fitzpatrick
    • protecting your logo design
    • Tony Eades
    • trade mark
    Facebook
    Twitter
    Google+
    Pinterest
    WhatsApp
      Previous articleYou can choose your friends, but not your Office Manager
      Next articleThe importance of leveraging Brand Australia
      Contributor

      RELATED ARTICLESMORE FROM AUTHOR

      The key benefits of building social cohesion within teams after extended periods apart

      How ESG initiatives impact business value

      8 factors that influence the cost of residential and commercial painting

      Subscribe to the Newsletter Over 30K subscribers

      FREE BUSINESS TOOLS

      The Facebook Honey Trap with James Tuckerman [CHEAT SHEET]

      Anthill Magazine - Sep 20, 2016
      0
      This cheat sheet was developed to help small business operators harness the incomparable (and undeniable) potency of Facebook to recruit fans, spread the word, and (most importantly) generate inbound business.

      Seven essential steps to a successful podcast with Loren Bartley [Cheat...

      Sep 8, 2016

      How to secure lucrative sponsorships in five steps [CHEAT SHEET]

      Feb 11, 2016

      Instagram for Business… in 12 steps [FREE INFOGRAPHIC]

      Jul 6, 2015

      Learn how to use Instagram as a business tool [FREE INFOGRAPHIC]

      Jun 5, 2015

      How to give good headlines, and create emails that get opened...

      Jul 27, 2013

      POPULAR VIDEO

      Oh Bhoy, spoof Scottish tourism ad tells it as it is

      Anthill Magazine - Nov 27, 2009
      0

      21st Century fashion predictions from the 1930s

      Paul Ryan - Nov 6, 2009
      0

      How to put your company into receivership: An extremely candid presentation.

      James Tuckerman - Oct 25, 2009
      1

      How Google Glass is changing medicine [VIDEO]

      Jen Storey - Mar 27, 2014
      0

      Observe the benefits of recycling — flashmob style! [VIDEO]

      Jody Murray - Apr 18, 2011
      5

      FREE BUSINESS TOOL

      Four Page Digital Marketing Strategy [FREE RESOURCE]

      Anthill Magazine - Jan 10, 2015
      0
      Simply click the image below to unlock the free FOUR PAGE DIGITAL MARKETING STRATEGY. Embrace the FOUR pillars of all successful online marketing campaigns. Click...

      How Master the Art of Sales Even if it Makes You...

      Jul 6, 2015

      The Alchemy of Negotiation with Matt Lohmeyer [FREE REPORT]

      Jul 6, 2015

      How To Grow Your Business and Profits with Jason Cunningham [CHEAT...

      Jul 6, 2015

      THE ULTIMATE CASHFLOW CHECKLIST [FREE DOWNLOAD]

      Jun 30, 2016

      INFOGRAPHICS

      New Zealand’s Xero eyes US IPO, further disruption as subscribers increase...

      Anthill Magazine - Jul 31, 2014
      0
      Xero recently held its annual meeting in Wellington, during which the company revealed some interesting details about its future. As has been widely suspected, the...

      Ever wonder if your ‘content marketing’ is really just crap? You...

      Aug 11, 2014

      7 Business Lessons From Game of Thrones [INFOGRAPHIC]

      Oct 7, 2014

      How to build your own Media Empire… In seven steps with...

      Oct 16, 2014

      5 Business Lessons From Tinder [INFOGRAPHIC]

      Oct 31, 2014

      OPINIONS & ADVICE

      Queensland doubles down on Net-Zero with Low Carbon Accelerator

      Anthill Magazine - Aug 23, 2022

      TikTok for business : creating a profile and important tips for entrepreneurs

      Gerald Ainomugisha - Aug 17, 2022

      Join the Anthill Team Buying Club

      Mark McCormack - Apr 20, 2022

      Banking is set to grow up as the coming changes will upend the industry

      Alex Trott - Mar 22, 2022

      The key benefits of building social cohesion within teams after extended periods apart

      HUSS MUSTAFA OAM - Mar 22, 2022
      ANTHILL MAGAZINE

      EVEN MORE NEWS

      Queensland doubles down on Net-Zero with Low Carbon Accelerator

      Aug 23, 2022

      TikTok for business : creating a profile and important tips for...

      Aug 17, 2022

      Join the Anthill Team Buying Club

      Apr 20, 2022

      POPULAR CATEGORY

      • Articles5190
      • Startup & Entrepreneurship3888
      • Tech & Innovation2975
      • Marketing & Media2201
      • Management Matters1794
      • ANTHILL TV1584
      • Funding & Finance1364
      • Subscribe
      • Advertise
      • Contact
      © Ant Hill Enterprises Pty Ltd