The other day I met with two lovely ladies who are starting a new business, I'm helping them with their facebook branding. These ladies have spent a lot of money and time on researching and creating this business. They've paid a graphic designer to create their logo and branding, they've purchased a car for the job, been to a lawyer and an accountant and got all their insurances sorted. They've registered their business name and they're all ready to go.
But there's just one small problem... since doing all of that, they've discovered that their business name (you know, the one they just spent a bucket-full of money to register and brand?) is trademarked by someone else. Bugger! Now, they could ignore that and carry on as planned in the hope that it doesn't matter, but the problem is, it DOES matter. Why? Because the person who owns the trademark can legally sue these ladies for using that name and they'd stand to lose everything. Everything!
You know what I'd do? I'd re-name and re-brand the business ASAP and then I'd check that it was available to trademark. The Trademarking process takes a few months, but if I knew the name I wanted was available, I'd begin the process and then register and re-brand. It'll save whole lot of heart-ache and a truck-load of money in the long run. Here's where to start http://www.ipaustralia.gov.au/
If you want to know more my friend Geoff Moller is a Trademarking specialist (and a really nice guy), so give him a call on 0411 351 110.