Trademarks

I’m sure you’ve heard of the Pure BlondeTM brand of beer. When it was released by Carlton & United Breweries (CUB), it was one of Australia’s most successful beer launches. I  had the privilege of interviewing CUB’s Intellectual Property Manager, Mathew O’Keefe, about the Pure Blonde TM brand.  I think the issues are relevant to anyone wanting to protect a brand.

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Dishonest contract manufactures in the People’s Republic of China (“PRC”) and other Asian countries may make extra product for “back door” sales. There are countermeasures for this sort of dishonesty, including using different manufacturers for different parts of the product.

It can be a disaster when others use your trademark without your permission, especially if you have spent substantial time, effort, and money so that your products are recognised and asked for by name. 

Fortunately, a registered trademark can be a very powerful way to protect your unique brand. Choosing the right trademark can have a significant impact on the strength of your trademark before the law. Here are some things to consider when you choose your trademark, to help you get the strongest protection.

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A trade mark distinguishes your goods or services from that of another trader. The strongest trade marks are registered trade marks. Once registered, you have the exclusive right to use the trade mark commercially. You can also license or assign your trade mark, and consequently trade marks may be very valuable.