atw: Trademarks: Some more info about why...

I own a trademark as a partner and Director of Dapsco Pty Ltd.
We envisage our product will become a world leader and create a natural
monopoly in any market we get some traction in. Our trademark is based on
protecting a logo we intend to use for our software and hardware product. I
guess, you know, we could conceivably go without, however, there is a
hostile competitor in WA who could; no, would, attempt to use any angle they
could to prevent us from getting to market. One way would be to copy our
logo, selling their inadequate product (and I say that in all honesty - the
product they are working with is one we left behind) in our name and so end
up doing us over. While that sort of behaviour is illegal, emulating the
logo without a trademark is possible. What is more, once they are in the
market, the market is done. WE have no ability to go into competition with
them.
 
Emulation of trademarks is an even more insidious trap, especially in
international markets. Trademarking our logo gives us a breathing space to
actually place our product without having to design a new one when
attempting to go into new markets.
 
One method we can use the trademark for is to protect our options and assist
protecting our internationally unpatentable product (we have a national
patent). By trademarking we can create a second guess in a potential hostile
competitor, to such an extent that they may decide to just use our product
anyway.
 
But most importantly, we rely on complete honesty. We need to build a
reputation that represents trust, safety of information and that is all
represented by our logo. Most importantly, because the nature of our product
can only work while there is one provider in any market we are in, we need
to ensure there is no one else near us in terms of look and feel. Why
shouldn't we have the right to protect our public look? After all, you only
get one chance at reputation.
 
So I hope that helps people understand why there is such a thing as
trademarks! They are useful and very important to the owners. We need to
respect that when we are writing about others and using their own
trademarks, and it isn't just about putting in the mark!
 
Have a look at the history of Rolls Royce protecting their reputation. It is
quite interesting...
 
Take care everyone.
Warren Lewington
Phone: 9876 5345.
Mobile 0408 612 752.
wjlewington@xxxxxxxxxxx

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