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.