4 Important Reasons to Have a Trade Mark for Your Blog

by LegalVision - Natasha Bahari

In a digital era, many people are blogging as their business and main source of income. If you’re blogging, whether it be as a hobby or professionally, registering a trade mark can be beneficial for your online presence. A trade mark is a unique brand identifier, such as a name, logo, slogan or a combination of them, that sets your brand apart from your competitors. This article explains why it is important to have a trade mark for your blog.

  1. Protection Over Your Blog or Domain Name

A common mistake bloggers make is thinking that purchasing a domain name protects them from competitors copying their business name.

However, while no two domain names can be the same, simply owning the domain does not give you protection over the name itself. A trade mark, on the other hand, allows you to stop others from using a similar domain.

  1. Gives Your Blog a Point of Difference

A unique trade mark sets your blog apart from others in a shared industry. Readers can easily identify your brand, and therefore your content, just by looking at your trade mark. This can increase brand awareness and build your online presence.

  1. Allows You to Do More Than Just Blogging

Many bloggers have branched out into selling products as a result of their success. A registered trade mark may make it easier for you to introduce products in the market.

Take the story of Natasha Oakley, for example. In 2012, Natasha started a project called ‘A Bikini A Day’ that gained popularity, including millions of followers on instagram. She also had a personal blog about fashion, travel and photography. She understood the worth of her name and went on to trade mark it. Now, Natasha also has a successful swimwear line called ‘Monday Swimwear’ that she protected with a trade mark.

  1. Allows You to Commercialise the Brand You’ve Built

Having a registered trade mark also allows you to commercialise the brand you’ve built. Even if you are not selling any goods or services, you can license the rights to your trade mark to third parties for them to use in exchange for payment.

Many blogs are also profitable websites that become available for sale. As your online presence grows, your trade mark will increase in value. An example of this is the TechCrunch blogger who successfully sold their brand to AOL for $25 million.

Registered vs Unregistered Trade Marks

A trade mark can be registered or unregistered. A registered trade mark gives you a unique registration number and a degree of protection from infringers. It grants you the exclusive right to use your trade mark in relation to your goods or services. Only a trade mark that you register with IP Australia can use the ® symbol. IP Australia will register your trade mark if it is:

  • unique and distinctive;
  • not generic or descriptive of the products or services with which it is associated to; and
  • not confusingly similar to another registered trade mark.

Finally, it can be much cheaper to enforce a registered trade mark compared to an unregistered mark. It can be more difficult enforcing an unregistered trade mark as you are relying on the legal actions of passing off or misleading and deceptive conduct, which can be difficult to enforce.

Key Takeaways

Whether you’re just starting to blog or already have a huge following, registering a trade mark will:

  1. protect your blog or domain name;
  2. give your blog a point of difference;
  3. allow you to branch out and sell products; and
  4. allow you to commercialise your brand.

While your trade mark can either be registered or unregistered, a registered trade mark is easier to enforce and, therefore, a better way to protect your blog both now and into the future.



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