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How do you trade mark a name of a business?

Help! Trade name, business name, trade mark..in Australia?

  • I want to answer this question but I'm very confused. Go Go Organization Pty ltd (GG) is an incorporated Victorian company operating for 6 years and trading under the name ‘Go-Go’. GG is involved in selling musical CDs. GG has recently expanded its operations into New South Wales. I'm asked to consider GG’s legal position in relation to the following. 1.It is found that another New South Wales Company engaged in a similar business has been operating in that state for few years under the name of ‘GO-GO1’. The New South Wales Company has threatened to sue GG for ripping off its name. Can the New South Walse company sue GO-GO? Which act shoul I consider? common law? Trade marks Act?

  • Answer:

    Because Go-Go is such a popular name and if you can prove you have been operating with that name for 6 years it is very unlikely that they would be able to make a case against you. I would suggest having a look at the IPAustralia website - http://www.ipaustralia.gov.au/ and see if they have actually registered Go-Go1 as a trade mark. This website will give you details of the different legislation to look into as well. Hope this helps.

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