Brewery Labels And Signs

[GMK]

OK...

Just registered my Brewry name as a busineess....

BrewInn Barossa

Now no-one can take it away from me...

Here is the sign ....

A big thanks to Wee Stu for his efforts of creating the design on his program.

Now just need to get someone to print it up nice...

View attachment GMKBREWINNLABEL.doc

 

[wee stu]

Nae wurries Ken.

I'll just sit back and wait on the royalties to flood in

 

[Andrew]

Hi Ken, well done.

I don't want to p**s on your parade but technically, registering a business name in SA does absolutely nothing for your money. It just allows people to know that you legally trade under that name/label... it offers absolutely no protection to you whatsever. Some Nob could register an Australian Company (with an ACN, ABN etc) by the same name and you would be "in the lurch". Similarly some Nob could provisionally register your non-ACN business name as a trademark and you would lose your right to use it also. Registering Business names a legal requirement but ultimately is more of a Govt money spinner than something of practical use.

If you are looking to expand your operations in the future (say register for a producer licence, or contract brew your product/label from a local micro), perhaps think about registering as a proper business, GST rebates and all that stuff.

An off the shelf company will cost you around 1100.

All the best Ken, may be up in the valley in the next few weeks. The Uncle is in England collecting a trophy for '98 shiraz and survived this:
http://www.oxfordcamra.org.uk/festival2004.php
lucky beggar...

Cheers!

 

[THE DRUNK ARAB]

Ken, shouldn't the label say Finest Indgredients (from the pantry)

C&B
TDA

 

[GMK]

NO TDA...... :lol:

But if it inspires others - then that is good.

Thanks for the advice Andrew - drop by when you are up in the valley - i have an AG porter on Tap that you can share in.

 

[GMK]

Nae wurries Ken.

I'll just sit back and wait on the royalties to flood in

that would be royalties from everyone else - right Stu.....

will be taste testing the Duvel tonight....

 

[Andrew]

Porter? Will do Ken.
Am thinking of giving Doc's porter a go soon...

Cheers!

 

[GMK]

I brewed the stovepipe porter recipe from beer captured - made it just into the robust porter range of 5.5% and 50 odd IBU's.

Just give me a ring prior to coming around.

 

[user 384]

Ken

Afraid that Andrew is right. This is from the Office of Consumer and Business Affairs:

"A business name registered in any State of Australia will not prevent the registration of exactly the same name in another State, nor will it prevent the Australian Securities and Investments Commission from registering a very similar company name, or a Trade Mark registration of the same or very similar name, and it is not assured that the name will be available as a domain name for the Internet.

The only facility available to you to protect your name is to register that name as a Trade Mark and then the extent of that protection is dependent on your willingness to legally defend your rights."

It's important to note that there are also rules about squatting. You're not allowed to register names, trademarks etc if you don't intend on actually carrying out a business etc. This is to prevent people from buying up names in the hope that they can sell them on at inflated costs, as has happened in the past with some domain names.

Cheers
MAH

 

[PostModern]

"A business name registered in any State of Australia will not prevent the registration of exactly the same name in another State, nor will it prevent the Australian Securities and Investments Commission from registering a very similar company name, or a Trade Mark registration of the same or very similar name, and it is not assured that the name will be available as a domain name for the Internet.

The only facility available to you to protect your name is to register that name as a Trade Mark and then the extent of that protection is dependent on your willingness to legally defend your rights."

I happen to work on the system that registers business names in NSW. The key here is what I've highlighted in the quote - ASIC will register any non-identical name. States have different rules about similarity of names. In NSW the policy is not to register a name that is similar enough to another NSW name or ANY Australian company's name to cause confusion to the public. This grey area has led to about 7 years of refining the process that determines if a name is "too similar".

Your right to the name exists in common law, not under your state's Business Names Act, nor even under company law. If you want to protect your name against passing off, you need to be actively trading under the name. In court if you cannot furnish documents such as invoices, purchase orders, advertising materials or signage using your name and the other party can, you have Buckley's of winning the case.

In any event, nice work on the logo.

 

[GMK]

Thanks for the advice on those issues - Andrew, MAH and PoMo.

At the moment - i use my business name when ordering stuff from Lancer Pacific and Andale.

 

[wee stu]

In any event, nice work on the logo.

Thanks

 

[big d]

mmm might register that name in the nt.brewed in arnhemland for expat croweaters.get myself an abn # and get the bas form filled and im away.wont ya just hate me ken

cheers
big d

 

[Batz]

One in WA as well , next year one in Qld. :lol:

 

[big d]

we could open a chain/franchise of brewinn barossa shops batz and squeeze gmk enterprises out of the market.thanks for the heads up ken

 

[johnno]

Hey ...dont forget Victoria as well.

 

[Batz]

Just quote head office is in Adelaide , take the money and don't send the goods , should get a real good name then ! :lol:

 

[big d]

as ive just lodged the name for abn rego with the relevant dept you can have the name for victoria johnno.

 

[johnno]

Thanks big d,
I'm putting in huge order before the end of the week.

 

[Andrew]

Your right to the name exists in common law, not under your state's Business Names Act, nor even under company law. If you want to protect your name against passing off, you need to be actively trading under the name. In court if you cannot furnish documents such as invoices, purchase orders, advertising materials or signage using your name and the other party can, you have Buckley's of winning the case.

And anyone in small business who uses a trading name that is not their Australian Company Name and is willing to take a trading naming right to court is either
A) very rich and not really in small business;
or B) has rocks in their head. B)

Cheers!