Manufacturing
Part of Creator brand identity
Checking rights to names and design assets before launch
A launch can be delayed by a name conflict or by artwork the business cannot use on packaging. Review rights while the brand is still a draft, before ordering stock or advertising.
Before ordering stock or advertising, check the proposed name, logo and packaging rights while they are still drafts. Search the name first, then establish who made each design asset, who owns it and what the business is allowed to do with it.
Use IP Australia’s free TM Checker for an initial indication of whether a proposed mark may face problems. Then search IP Australia’s Australian Trade Mark Search (ATMS) at ipaustralia.gov.au/trade-marks/search-existing-trade-marks: it covers registered and pending marks and lets you search by text or upload an image to compare logos.
List the goods and services the business plans to offer and check the relevant trade mark classifications. Compare marks covering the same or similar goods or services, including similar names, logos and slogans; IP Australia checks similarity, distinctiveness and whether classifications are correct, and a similar mark may block registration or lead to infringement.
Search for existing use online, in street press, magazines and other publications. Check registered company and business names through ASIC Connect; those registrations are not intellectual property rights and do not replace a trade mark search. For .au domain names, the AusRegistry WHOIS Service is a search route; a domain registration or social handle does not replace rights clearance.
Check each asset according to the protection it may need. Copyright protects original visual images and other creative material automatically under the Copyright Act 1968, without registration; IP Australia also identifies trade marks for brand identifiers such as logos and aspects of packaging, and design protection for a product’s overall appearance.
Record each asset’s creator, owner, source and permitted uses, including whether it can be altered, used in paid advertising or future products, and resold. For commissioned work, put the agreed licence or assignment in writing: a contract should identify the work or results and assign the relevant intellectual property rights. Ask collaborators to identify third-party elements and confirm the business has permission to use them.
If a search finds a similar mark for the same or similar goods or services, pause before launch. Consider changing the proposed mark or obtain specialist advice on the registration and infringement risk.
