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Can you afford to lose your name?

January 19th, 2011 jacinta Posted in Blog Comments Off

New laws replacing the existing state based business name register with a national register are scheduled to be introduced in 2011.

All businesses that trade under a state registered business name should prepare for the introduction of the national register or risk losing their trading name to a competitor.

A situation arose recently when a client contacted me regarding her strategy to update her website.  We discussed her branding, domain name and business name in the context of the federal government’s proposed national business name register.  As her business name is only registered in NSW and a competitor has a similar name in another state, she could be at risk of losing her name to a competitor if her name was not registered as a Trade Mark.  The result was that she has registered her business name as a Trade Mark.  This will ensure that her brand is protected with respect to specific services in Australia.   Any competitor attempting to use this brand will be infringing her Trade Marks rights and can be defended accordingly.

The introduction of the national business name register will affect a number of Australian businesses and in some situations it may be easier for businesses to re-brand.

This is possibly the best time to register your business name and brands as Trade Marks.  Will this affect your business?  Share your experiences here.


Actions speak louder than words

December 15th, 2010 admin Posted in Insurance Comments Off

Open quote image If I had my way I would write the word ‘Insure’ upon the door of every cottage and upon the blotting book of every public man, because I am convinced for sacrifices which are inconceivably small, families and estates can be protected against catastrophes which would otherwise smash them up forever…Closed quote image

Winston S Churchill

Insurance is the most common form of risk transfer of an uncertain loss from one party to another. The terms and conditions governing the transfer of risk are agreed in a contract of insurance, with each party having in particular an ongoing equitable responsibility. That is being payment of the premium by the Insured party and compensation for a loss by the Insuring party.

With ever growing business demands and economic uncertainty in recent times more and more Insured’s are looking for a more competitive premium, however simply taking a cheaper premium does not always mean you are saving money.

In comparison to the values of any type of asset, whether that be material or financial, the premium payable for your insurance most commonly is of insignificant value, and the differences of premium between different options of insurance that may be available to you at any given time is of far greater insignificance.

Your premium is not an expense and your insurance broker is not another supplier tendering for your business. Your premium is actually one of your bigger financial investments in securing your future. A good professional insurance broker should be relied upon to manage, advise and guide you and your assets through the transfer process in the most efficient and secure way, to ensure that when you need to call upon insurance the promises you invested in are realised at your greatest times of need, when a claim arises.

It is the transfer of your risk and the results achieved within this opportunity that truly defines the quality of your investment. Not too dissimilar to the research made when investing your savings or superannuation, one will always look for greatest returns with least amount of risk of losing the money that is invested. It is this loss of money that is replicated in not having complete and correct insurance, or worst still an uninsured loss.

Some of the points that need to be considered are:

  • What are you biggest exposures of potential risk of loss?
  • Are all your assets and/or activities fully insured?
  • What does your insurance actually cover and not cover?
  • What steps do you take to prevent potential loss?
  • Do your business practices, obligations, and responsibilities align or conflict with your insurance?
  • When did you last fully review your insurance in comparison to your needs?

To benefit from a customised solution that meets your needs and adds value to your business contact ii-A, or click onto our website www.ii-A.net.au, to arrange a no obligation full review of your insurance needs.


Are your competitors using Google AdWords to infringe your Trade Marks?

December 8th, 2010 admin Posted in Trade Marks Comments Off

Recently a client contacted us regarding the use by a competitor or its registered trade mark as a paid Google AdWord in order to ensure that its website ranked higher than our clients when searching for its products on the Internet.

With the advent of on-line marketing companies are increasing using the Internet’s architecture and tools for marketing to customers. You need to be aware that if your business uses meta-tags, Google AdWords, banners or other on-line strategies that you do not use a competitor’s brand to attract customers to your website.

This is an interesting area of law involving trade mark infringement, passing off and misleading and deceptive conduct under the Trade Practices Act.

Proceedings have been commenced in the Federal Court of NSW and we will keep you posted of the outcome in the new year.