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ARTICLE · 24 JUNE 2015

Using a generic brand name - It's a double-edged sword

On one hand, a generic brand name is easy to remember, but on the other hand, it is often too easy to steal and rip-off.

AustraliaIntellectual Property

As a commercial litigator, I have to say I enjoy a good, complex and lengthy legal battle. While most clients appreciate my passion for my work, they don't really enjoy the price tag that comes with a complex legal dispute. As both an IP lawyer and commercial litigator, I use both skill sets to work with clients to develop strong brands that are capable of not only registration, but more importantly, enforcement. From my experience, a brand that compromises of general or descriptive words is both difficult to register as a trade mark and generally costs more to protect.

A perfect example is the brand "THE MAN WITH A VAN." The brand is owned by Tim Bishop, who has both the plain words "THE MAN WITH A VAN" and the following logo registered as trade marks in respect of removal services.

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