For Rebecca Di Noia, founder of ‘Soap de Villa’, the decision to apply for a trade mark came hand-in-hand with marketing of the brand itself.
‘At the very early stages, we decided we wanted to create a brand. We wanted Soap de Villa to be a recognisable brand in our industry,’ explains Rebecca.
‘It has helped us to build our reputation.’
Rebecca commenced trading under the ‘Soap de Villa’ brand after experiencing discomfort with an ongoing skin irritation issue and finding little to no relief from the existing products on the market. Embracing her inner entrepreneur, Rebecca saw an opportunity to fill a gap in the market (and alleviate her own allergy symptoms) by producing soap made from goat’s milk.
Seeking help from IP professionals
Rebecca was able to use the full resources of IP Australia to ensure that her trade mark application had the best prospects of success.
‘First of all, you definitely need to understand and learn as much as possible,’ says Rebecca.
‘In Australia, I have attended workshops and information sessions that were organised by IP Australia and the local council. I have personally spoken with a couple of IP attorneys as well as used the IP Australia online database (to search for trade marks).’
Searching for trade marks is an essential first step for any business wishing to protect its IP. This process can help you save time and money, and will help you avoid infringing on someone else’s IP.
Apart from leveraging IP Australia’s information resources, Rebecca also recommends that businesses get in touch with IP professionals such as trade mark attorneys and IP lawyers. These experts can help businesses with their overall IP strategy, assist in filing an application, or even advise on applying for IP internationally.
‘Seek professional help early, especially if you want to apply (for a trade mark) internationally.’
Remember: when you apply for a trade mark in Australia, your brand is protected in Australia. If you’re looking to expand internationally, you’ll also want to consider protecting your trade mark overseas.
IP professionals can also ensure that the right class of trade mark has been selected on the application.
‘Think about the product and service that you’re going to offer both now and, in the future, so that you actually apply to the right class and have the right protection conditions,’ explains Rebecca.
Top tips for trade marks
When applying for a trade mark, we recommend that businesses consider the following:
- Understand and learn as much as possible about trade marks.
- Attend information sessions and workshops.
- Seek professional help early in the process.
- Thoroughly search for existing trade marks in Australia using IP Australia’s TM Checker and the Australian Trade Mark Search website, as well as overseas in all countries where trade mark protection is required.
Soap de Villa: on the essence of trade marks
So at the very early stage, we have decided to actually we want to create a brand, we want Soap de Villa to be a recognisable brand in our industry. And so by having a trade mark together with our connection with Australian Made logo, it has helped us to build our reputation.
I think you need to decide whether creating a brand is your marketing strategy. You need to actually do thorough research in regarding to the country and in regarding trade mark and attending as many information section as possible to learn about the IP.
In Australia I have attend workshops and information sessions that was organised by IP Australia and the local council. I have personally spoken with a couple of IP attorneys as well as using the IP Australia online database to do some search.
You definitely need to understand and learn as much information as possible and seek professional help early, especially if you want to apply for internationally, you know, or if you have a logo or a tagline. And also, also think about the product and the service that you're going to offer both now and in the future. So that to make sure you actually apply to the right class and have the right protection.
Disclaimer
The case study in this article is based on the experience and decisions of a third party. It provides an example of the way a business has decided to manage its intellectual property.
This article is not intended to provide specific advice on what you need to do to protect your intellectual property, including any trade marks, and it is recommended you get independent professional advice if you are seeking to protect your intellectual property, including seeking trade mark protection.