(The preceding blog is not legal advice but a general overview of Intellectual Property.)
Intellectual property (IP) protection is often overlooked, yet it stands as one of the most vital aspects of business development. In our latest podcast episode, we explored this crucial topic with Werrdan Khoury, Principal Solicitor at Daniel Jude Lawyers, a law firm specialising in intellectual property, taxation, and commercial contracts.
When it comes to custom promotional products, understanding trademarks and brand protection becomes especially important. Many businesses rely on branded merchandise to represent their identities. But whether you’re printing logos on pens, T-shirts, or USB drives, it’s essential to recognise the legal implications of using logos or designs you don’t own.
Werrdan explained that brand protection serves three key purposes: it protects your unique expression, secures your property rights, and shields consumers from confusion. These principles are critical for both businesses and their customers, ensuring that your promotional products don’t inadvertently violate IP laws or mislead consumers.
Registered vs. Common Law Trademarks: What’s the Difference?
A common issue many businesses owners encounter, particularly in the promotional product space, is the distinction between registered trademarks and common law protection. This distinction is crucial, especially when businesses request custom promotional products featuring logos they don’t own. Registered trademarks, symbolised by the ®, have gone through a rigorous registration process with IP Australia. They provide the highest level of protection, preventing other businesses from using the same mark.
On the other hand, the TM symbol represents common law protection. Although not as powerful as a registered trademark, it signifies that a business claims ownership over a logo or phrase and is a first step toward legal protection. This is particularly relevant in the world of promotional products, where companies may want to ensure their branding on custom items doesn’t infringe on another company’s trademark rights.
For promotional products, we get requests from our clients to print logos onto products belonging to other brands. When this happens, it’s essential to ensure that the logo you bring to us to print does not infringe on another company’s intellectual property. Businesses that request Cubic Promote to print logos on promotional products without proper clearance can expose themselves to legal risks, including costly lawsuits and potential liabilities.
Avoiding Trademark Pitfalls in Promotional Products
One of the most common challenges in trademark protection is the use of descriptive names. Descriptive names, such as “Hamburgers” or “Tech Accessories,” make it difficult to register a trademark, as they don’t distinguish the business from others in the market.
When working with clients who provide logos or branding for custom products, it’s essential to ensure the logo or name isn’t simply a descriptive term. It has the distinctiveness needed for trademark protection. As Werrdan suggested, combining a name with creative visual elements, such as unique fonts, colours, or logos, can transform a generic brand into one that stands out and is eligible for trademark registration. This creative approach enables businesses to safeguard their identity when displaying it to the public, including through the use of promotional products. This means your logo is legally protected when displayed on items such as custom T-shirts, drinkware, or office supplies.
Defending Your Brand: In Trademark Protection
When it comes to defending trademarks, the principles of IP law are put into practice. Using an example like the high-profile McDonald’s vs. Hungry Jack’s trademark case (Big Mac vs. Big Jack), Werrdan highlighted how trademark infringement cases often come down to consumer confusion. If another company’s branding or logo is likely to confuse consumers, a business can take legal action.
For companies ordering promotional products, this case highlights the importance of ensuring the logos and branding used are not too similar to those of competitors. If you use logos that could confuse your audience, you risk legal challenges and damage to your brand. At Cubic Promote, we always encourage businesses to provide clear guidelines on logo use, ensuring that all custom branding we print respects IP laws and avoids any infringement risks.
Why IP Protection is a Business Priority
Time is of the essence when it comes to protecting intellectual property. IP law rewards first movers, meaning businesses that act quickly in registering trademarks and safeguard their brand are at a significant advantage. This urgency extends to promotional products, where delays in addressing trademark concerns could lead to costly legal disputes down the line.
Business owners should consider addressing trademark issues early in their journey—ideally before launching a brand publicly and before creating promotional products. By securing your trademarks in advance, you ensure that your promotional products are legally sound, and your brand is protected from the outset.
Safeguard Your Brand with Legal Clarity
When businesses seek to buy custom-branded merchandise from companies like Cubic Promote, understanding the importance of intellectual property protection is crucial. By working with a trusted supplier like Cubic Promote, we might ask you questions such as “If you legally own the logo that you request us to brand?” Why? We want to assist our clients in avoiding unintentional copyright infringement.
Whether you’re printing logos for events, giveaways, or employee appreciation gifts, knowing your rights and responsibilities will help you avoid costly mistakes and position your brand for long-term success.
If you are sure and ready, browse our website to purchase printed T-shirts, promotional heat packs, custom-branded umbrellas, and other promotional items.
Please consult a lawyer for legal advice on intellectual property issues and questions.
