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Yoga studios and brand protection

Ultimately, the success of your yoga studio relies on your ‘brand’. It is your studio’s identity.

Think about your current branding and whether it reflects what you want your studio to be known for, and if it distinguishes your studio as unique and special. Authenticity is key to brand profiling; from your studio yoga practice to social media profiles, your brand needs to represent your business.

Your brand is invaluable and takes a lot of work to create – you should really work hard to protect it. Your brand contributes to your long-term success and is what sets you apart from (currently – fierce) competition. Speak to Jess about ensuring your studio’s image is protected before it is too late – often along with success comes unwelcome (and harmful) copycats.

Trademark:

Registering your business name offers no protection for your logo or brand. You should trademark your domain name, logo and business name – these are integral elements of your business that will be used all the time.  They are the basis of your brand.

Before applying for trademark protection:

Ensure that your trademark is unique and clearly distinguishes your studio from others, and that it is not already being used by another business. Conduct relevant searches on the trademark register, search business names, and so on.  Consult with Jess – making sure you have the rights to claim your business name and protect it accordingly is worthwhile.

How to apply:

When you apply for a trademark you must first provide a description of goods or services you intend to use your trademark on. These are divided up into ‘classes’ – for example, yoga mats fall under Class 27, and yoga instruction under Class 41. Think carefully about the goods or services you want to protectas you will not be able toexpand your list after you file your application. For example, you may wish to include yoga mats in your application in case your studio wants to produce and market them in the future.

How much does it cost?

Not very much in the grand scheme of things! The fee to file a trade mark application in Australia is currently $330 for one item, $660 for two items. There is currently no fee to then register the trademark.

How long does a trademark last?

Once registered, a trademark lasts forever as long as you keep paying your renewal fees. – Registration may be renewed every 10 years – that cost is currently $400 for one item, or $800 for two.

Speak to one of our lawyers…

Intellectual property is a really complicated area of law. Sinclair + May can streamline your application so that you are successful on the first go (if your application is unsuccessful, you do not get your filing fee back), and save you lots of time searching databases and feeling like you should be doing something else. Like yoga.

To get in touch with one of our lawyers, you can book a free 15 minute chat here.

This is general advice only. Liability limited by a scheme approved under Professional Standards Legislation. 

Published Mar 7, 2018