Protecting your business goes far beyond registering a name with ASIC. From logos and taglines to creative content and product packaging, your intellectual property (IP) is often the most valuable part of your business. Yet too many businesses assume that copyright automatically protects them, or that trade mark registration is just a formality. The reality? Without professional guidance from an IP lawyer who specialises in all IP matters including copyright and trade mark law, costly mistakes are common.
Here are the top five mistakes we see businesses make when they try to navigate IP protection on their own.
1. Assuming Copyright Automatically Covers Everything
Many business owners believe that as soon as they create something—like a logo, website copy, or product design—it’s automatically protected. While copyright does arise automatically in Australia, it doesn’t always provide the protection people think.
- Copyright doesn’t protect names, titles, or slogans.
- A logo design may have copyright protection, but that doesn’t stop someone else from registering a similar trade mark and blocking your use.
Without an IP, copyright lawyer or trade mark lawyer to guide you, you might think your brand is safe when it’s not.
2. Using a Logo Without Securing a Trade Mark
Designers often create beautiful logos for businesses, but ownership of the logo doesn’t equal ownership of the brand. Even if you hold copyright over the design, it doesn’t guarantee the exclusive right to use it in trade.
If you don’t register your logo as a trade mark, another business could:
- Register a similar mark.
- Stop you from using your own branding.
- Force an expensive rebrand.
That’s why we recommend securing professional advice through BrandU Legal’s Trade Mark Services before investing in branding.
3. Overlooking IP in Contracts and Partnerships
Without an IP lawyer reviewing your agreements, businesses often fail to clearly define ownership of IP.
For example:
- A contractor designs your website, but does the copyright belong to them or to you?
- A joint venture develops a new product—who owns the trade marks?
Without proper clauses, disputes can arise later, leaving you without clear ownership of your brand assets.
We recommend securing professional advice through BrandU Legal’s IP Legal Services before entering into any contract or partnership concerning your IP.
4. Expanding Without Checking IP Protection
It’s tempting to expand your business quickly with new products, new locations, even overseas growth. But without a lawyer checking your IP rights first, you risk:
- Launching under a name that infringes someone else’s trade mark.
- Entering a new market where your trade mark isn’t registered.
- Facing legal opposition that stops your growth in its tracks.
An IP lawyer ensures your expansion plans are backed by enforceable rights.
5. Reacting Too Late to Infringement
Many businesses wait until infringement occurs before seeking advice. By then, damage is already done, confused customers, lost sales, and weakened brand value.
Acting early with professional legal support means you can:
- Monitor and enforce your IP rights.
- Send cease and desist letters with confidence.
- Prevent copycats from gaining traction in the first place.
BrandU Legal’s specialist IP lawyers can help you navigate this complex area of law with ease.
The Bottom Line
Relying on assumptions or DIY approaches to IP leaves your business exposed. Working with an IP lawyer from the start saves time, money, and headaches down the track.
At BrandU Legal, we specialise in intellectual property. Our team helps businesses secure, enforce, and monetise their brand assets with strategic IP advice.
👉 Explore Our Services to see how we can protect your brand today.
Because at BrandU Legal,
Your Brand is Our Business™.