How to protect your business brand

How much do you reflect on how you use and protect your name, brand and intellectual property from a technology perspective? Given the world of tech is more complex than it used to be, the following tips may help you if you run a podiatry clinic or work as a sole trader in your field.

A caveat first, however: This article provides general advice only, and nothing here should be taken as legal or accounting advice. There are appropriate professionals out there that you can use for this.

1. How to protect your name

First things first, your business needs a name. Or perhaps it already has one? It might be just your name if you are a sole trader (such as ‘Jane Smith, Podiatrist’), or it might be the name of the company which you use for your business (a holding name like ‘Jane Smith Enterprises’), or it can be another name entirely like something conceptual (think: Nike, Uber, and so forth).

In the old days (as in prior to 2012...) there was a thing called a ‘trading name’. These no longer exist and are now considered an unregistered business name.

Did you also know that a legal name is your own name or the name of a company or other corporate entity? Whereas a business name can be a legal name (as long as it is exactly that). In Australia, business names are registered with the Australian Securities and Investments Commission (ASIC), and apply nationally. And while we are dispelling some myths here, contrary to popular belief, there are a lot of business names which are quite similar, but may be businesses in different industries.

If you are starting from scratch then take your time and think this through. Here are some things to consider:

Start Googling. See who else is out there with the same or similar names and stay away from those names.
Even if you get a business name approved, someone who has a trademark in place may require you to stop using it. So make sure you look at trademarks too during this fact finding stage.
Try not to use words which are too generic in a business name. For example ‘Perth Podiatry’ might sound great, but may be an issue when you are trying to stand out online compared to everyone else in Perth who is also a podiatrist.
Keep it short and simple (and preferably not too boring).
Make sure it doesn't mean something scandalous or rude in another language.

Psst... don’t forget online domains

Nowadays your domain name is also just as important as your business name. Many of your customers will first hear of you, and learn most about you from your online presence. Before you choose a business name, make sure that you can get matching domain names.

Look for not just exact matches for your business name, but similar ones and variations which you either don't want others to use or may want to use yourself down the track. For example our business rebranded a couple of years ago. We still have over 10 domain names which use our actual name or similar ones.

You should make sure you can get the ‘.com.au’ version of the name as well as the ‘.com’. If you are planning world domination down the track, you may need others too. Get every domain name you think you will ever need before you start.

A word of warning: There are unscrupulous individuals and organisations who specialise in buying similar names to those of existing businesses and then will try to sell them to the businesses for inflated prices. If you are faced with this, then tread carefully. Look into the organisation before you agree to send any money. If you are at a stalemate, there may not be much you can do. Frequently the domain will be owned by an overseas organisation, and trying to get it through legal means might be difficult and very expensive.

2. How to protect your online brand

What is a brand? Traditionally, it meant those things which uniquely identify a business. This can be the name, colours, logos and other things.

While you are protecting your name online, also check that the social media platforms and handles are available to be used. If somebody else has exactly your business name on Facebook, Instagram or Twitter then you may need to reconsider as this will undermine the consistency of your brand. Once you have this all in order, think carefully about who you will choose to moderate and update these platforms as they carry your brand in their hands.

Nowadays your brand encompasses something more and it may be about the way you do business, the quality of services or your general style. Your brand is also linked to your reputation and your positioning within the industry.

The good news is that you can do a lot to deliberately steer your brand. From a visual perspective, you should start by thinking about the following elements:

Logo and designs
Physical / interior spaces
Uniforms
Stationery
Colours
Typography
Copy (which is the text that you use as part of your brand identity)

3. How to protect yourself with trademarks

The legal equivalent of a brand is a trademark. Trademarks can consist of words, logos or other elements which uniquely identify a brand. In most cases. The good news is that if you are a local professional practice, then you probably don't need one. This is because trademarks have a context, so that you register it for specific applications, products or services.

This is why you cannot get a blanket trademark which can be used without limitation, anywhere. They are also jurisdictional, meaning that your Australian version doesn't cover you elsewhere in the world. Trademarks are quite complex, time consuming and expensive to acquire.

But as mentioned before, it’s worth checking out what trademarks already exist when you are choosing your business name, which you can do here.

4. How to protect yourself through patents

Whereas trademarks identify an organisation or brand, patents protect an invention. It might be a product, process or method of some kind. Patents are very specific, so for example you couldn't patent orthotics, but you might be able to patent some unique version of an orthotic. As with trademarks, most podiatrists probably don't need one, and they are even more complex, time consuming and expensive than trademarks.

If you need to know more about trademarks or patients, a good place to start is with IP Australia or a chat with a lawyer who specialises in this area.

5. How to protect your overall reputation

Reputation, like goodwill, is one of the best and most valuable assets a business can have. It takes a lot of deliberate effort over a long time to create a great reputation, and it can come crashing down in an instant after an adverse event which is related to your business. As with branding, this is a big topic which is outside the scope of this article, but the backbone of a good reputation starts with a good business name, a deliberate, consistent approach with branding and online presence, and of course, providing high quality, ethical services.

And last but by no means least, don’t forget the power of online reviews. Everyone is a potentially loud critic or advocate of you and your professional role…

Good luck, and take the time to consider these steps before diving into any new venture.