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A Brand Versus A Trademark

As a Licensing company which deals with Brands and Trademarks, we often here these two words interchanged in the course of a conversation with a Client. While in some circumstances they can be the same, in a number of instances the elements of a brand are not a trademark.

Let us explain, and this may help you when you are chatting with us to protect your greatest assets – your brand! A brand is cultivated through years of careful planning, structure and communication. It is multi-dimensional, it has values, core elements, a style, a market position. There are rules associated with your brand and how this can be used to engage with consumers.

Of all the elements that compile your brand, there are specific ones that can be Trademarked to protect you from infringers and those who wish to pass off on your goodwill.

So which of your brand assets can you trademark? You may be surprised with some of these elements that are acceptable as trademarks in the regulations of the Trademarks Act 1995 for Australia.

The definition in the Law is that includes the following or any combination of the following: any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.

It is a really comprehensive list. So now step back and look at all the elements that constitute your own Brand. Do you have a name [word], a logo [device], an unusual aspect of packaging, a specific colour that you use in your market? What about a sound – like a jingle that is absolutely renown as yours? Perhaps your brand is a unique smell.

A trademark is also tangible. It sits on your balance sheet as an asset. For a Brand Owner, this gem of knowledge can help with the value of your company. So perhaps you should really get that trademark programme underway to protect your assets and monetise your brand value.

Untapped Agency offers Trademarks Attorney services and is a Licensing Agent for Brand Owners, Licensees, Manufacturers and Retailers. We extend iconic brands, copyright, music, designs and trademarks into innovative, new consumer products, services and promotions.