Trademark a name

[PS76]

Hi Everyone,
I am new here and am looking for some advice around Trademarks.
I have a name I am known for on social media (mainly photography) and have been using it for years. I want to trademark it for photography/website use but am unsure about what trademark class it should go under.
At the moment I am looking at Class 40 (photofinishing) and 41 (photography). I am uncertain whether these classes would cover the use on a website or not.
I just want to be certain before I spend the money :)

I assume that there are people here who have Trademarks and was hoping you could give some advice as to what the best class is to use.

Thanks in advance.

[Debra Faulkner]

Hi PS76.
The best thing for you to do is to seek legal advice. There is no point asking here because if you follow anyone's advice here there is no recourse for you if things turn pear shape.
If you know you will be spending money on trademark registration then spend money on a solicitor who deals with intellectual property.

[ricktas]

Agree with Debra. Trademark Law is fraught with issues. At present Australia Post has a courier company in court over their use of the phrase 'Post without the Office'.

So I would seek professional advice on this matter to ensure you get what you want, without ending up in court at a later date due to someone saying you an infringing their trademark.

[PS76]

At the moment there are no registered trademarks even remotely similar to the name I want to use so I am not worried about infringing on anyones trademark. I am more concerned about having it in the right class/es

[Debra Faulkner]

Then legal advice is still what you need.

[ricktas]

I agree with the above, that you need to seek legal advice, and as per the site rules:


[30] Requesting/Providing Financial, Medical or Legal Advice on Ausphotography:

Australian Photography is a website with broad topic coverage. However, when it comes to medical, financial and legal advice, it's always recommended to seek advice from a qualified professional, rather than asking about it on Australian Photography. As such, Australian Photography takes no legal responsibility for posts seeking or providing Medical, Financial or Legal advice. Members use any advice provided via Ausphotography at their own risk. The site owner, moderators or members cannot be held liable for any Medical, Financial or Legal advice posted on the site.

oh and if you have been known for photography for a few years... "I have a name I am known for on social media (mainly photography) and have been using it for years"...then you are not a beginner, as you selected on joining. Please go to your profile and amend it to reflect your true skill level: http://www.ausphotography.net.au/forum/profile.php?do=editprofile

[Hamster]

Hi PS76.
The best thing for you to do is to seek legal advice. There is no point asking here because if you follow anyone's advice here there is no recourse for you if things turn pear shape.
If you know you will be spending money on trademark registration then spend money on a solicitor who deals with intellectual property.


Agree with Debra. Trademark Law is fraught with issues. At present Australia Post has a courier company in court over their use of the phrase 'Post without the Office'.

So I would seek professional advice on this matter to ensure you get what you want, without ending up in court at a later date due to someone saying you an infringing their trademark.


Then legal advice is still what you need.


I agree with the above, that you need to seek legal advice, and as per the site rules:

[30] Requesting/Providing Financial, Medical or Legal Advice on Ausphotography:

Australian Photography is a website with broad topic coverage. However, when it comes to medical, financial and legal advice, it's always recommended to seek advice from a qualified professional, rather than asking about it on Australian Photography. As such, Australian Photography takes no legal responsibility for posts seeking or providing Medical, Financial or Legal advice. Members use any advice provided via Ausphotography at their own risk. The site owner, moderators or members cannot be held liable for any Medical, Financial or Legal advice posted on the site.

oh and if you have been known for photography for a few years... "I have a name I am known for on social media (mainly photography) and have been using it for years"...then you are not a beginner, as you selected on joining. Please go to your profile and amend it to reflect your true skill level: http://www.ausphotography.net.au/forum/profile.php?do=editprofile

You people are no fun. The whole point of questions like this on internet forums is for "internet lawyers" to be able to expound on a variety of conflicting and confusing opinions. Most of which don't address the original question anyway. Advising someone to actually go and ask someone professionally regulated and qualified to comment right from the start just denies us the pleasure of seeing the thread develop...:):);)

[ricktas]

You people are no fun. The whole point of questions like this on internet forums is for "internet lawyers" to be able to expound on a variety of conflicting and confusing opinions. Most of which don't address the original question anyway. Advising someone to actually go and ask someone professionally regulated and qualified to comment right from the start just denies us the pleasure of seeing the thread develop...:):);)

You start.. we will follow.. then when it all goes up well named creek, without a rowing implement.. we can blame you :D

[Hamster]

You start.. we will follow.. then when it all goes up well named creek, without a rowing implement.. we can blame you :D

Cool :-)


Hey OP.
I think you'll find trademarks can be enforced in a wide variety of applications once registered. I'd imagine this includes websites.
You may want to check permutations of your username that may be generated. As well as pronunciations For example another forum I'm on has a user called cbrsairs. Sarah has a CBR (motorbike). Or maybe it's CB a**e hairs? Hard to tell when pronounced out loud.


Note, all info based on hearsay and google searches

Next

[ricktas]

And if your actual name is the name you are known as on social media, you can use your name without trademarking it. But you also cannot stop someone else with the same name using it..even if you trademark it.

I think the first suggestion I would make would be to register the name as your Australian Business Name. That also gives you more clout with the trademark office as they know you are using the name to run a business.

[Hamster]

And if your actual name is the name you are known as on social media, you can use your name without trademarking it. But you also cannot stop someone else with the same name using it..even if you trademark it.


Handy. There's a couple of photographers in America with the same name as me.

[PS76]

Thanks everyone for the replies, I got in touch with a firm who deals with trademarks and am waiting to hear back from them :)

- - - Updated - - -


I agree with the above, that you need to seek legal advice, and as per the site rules:

[30] Requesting/Providing Financial, Medical or Legal Advice on Ausphotography:

Australian Photography is a website with broad topic coverage. However, when it comes to medical, financial and legal advice, it's always recommended to seek advice from a qualified professional, rather than asking about it on Australian Photography. As such, Australian Photography takes no legal responsibility for posts seeking or providing Medical, Financial or Legal advice. Members use any advice provided via Ausphotography at their own risk. The site owner, moderators or members cannot be held liable for any Medical, Financial or Legal advice posted on the site.

oh and if you have been known for photography for a few years... "I have a name I am known for on social media (mainly photography) and have been using it for years"...then you are not a beginner, as you selected on joining. Please go to your profile and amend it to reflect your true skill level: http://www.ausphotography.net.au/forum/profile.php?do=editprofile

I have been known for a few years but still feel I am a beginner as there is still I have a lot to learn. I am not a professional photographer and do not pretend to be one. I take photos for enjoyment and still make mistakes-hence the beginner level :)

[ameerat42]

Hi and welcome. We all do that, but consider a fair level to start with. It's not only the
"quality" of your photos but your photographic knowledge and experience in general.

[ricktas]

Thanks everyone for the replies, I got in touch with a firm who deals with trademarks and am waiting to hear back from them :)

- - - Updated - - -



I have been known for a few years but still feel I am a beginner as there is still I have a lot to learn. I am not a professional photographer and do not pretend to be one. I take photos for enjoyment and still make mistakes-hence the beginner level :)

which is why we have three experience levels. beginner, intermediate, advanced. With a few years experience, you would be an intermediate level photographer. A beginner is just that.. someone who is just starting to learn about photography. So I have upped you to intermediate level.. congrats

[Mark L]

You ask about trademark and Rick mentioned registering a business name. So the difference between these two things are???



I take photos for enjoyment and still make mistakes :)

Yeah so do I. I had no chance to stay at intermediate as someone else change my skill level for me. :angry0:

[John King]

You need to check for the availability of (at least) 3 things - 1) business name (ASIC), 2) domain name (use WHOIS/domain name lookup on a site such as webcity.com.au) and 3) trade mark (definitely a specialist lawyer, probably a patent specialist).

The first two are simple, cheap and you can do them yourself. The third will probably be moderately expensive, and must be done by a suitably qualified and experienced lawyer - it's a real minefield ... !