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ARTICLE · 25 AUGUST 2017

Top five trademark issues to consider for your startup

Complex issues may arise for startup businesses without adequate trademark protection, so these are five to consider.

AustraliaIntellectual Property

Trademarks are recognised signs, such as words and logos, which distinguish your products or services from that of others. A registered trademark, as governed by the Trade Marks Act 1995 (Cth), gives the owner exclusive rights to use their trademark in relation to their goods and services and a right of relief if the trademark is infringed.

Complex issues may arise for startup businesses that do not have adequate trademark protections. Conducting a business without trademark registration could have a negative effect on future mergers and acquisitions. In particular, the absence of trademark registration could be brought up in due diligence and could affect the valuation of the business or delay the transaction. Ultimately, branding may become a business's most important asset; therefore, it's worth protecting from the outset. Here are five top trademarking issues to consider for your startup.

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