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Can we trademark a unique logo with a generic business name?
While this is a complicated situation, there are a few important things you need to know before you visit the trademark office.
When should I start thinking about succession planning?
Succession planning is critical in ensuring your business continues when you leave and that the value of your investment can be realised when you sell.
Should I pursue legal action or is it too expensive?
Subject to a number of factors, legal action can be expensive and time consuming. However, there are alternatives such as mediation, arbitration and expert determination.
What privacy issues are involved in building a marketing database?
There are a range of legal issues you must consider before building a customer database.
Are there any standard product quality guarantees between buyers and suppliers?
Before you go any further, you need to become familiar with the protections and guarantees provided under Australian Consumer Law.
What constitutes the "prior use" of a trademark?
Generally, the first person to apply for a trademark in Australia has a stronger claim to using it.
How legally binding is a Memorandum of Understanding?
Generally, preliminary written agreements fall into one of three legal categories. These categories, in turn, determine how legally binding an agreement is.
Is there a template I should follow when it comes to drawing up non-disclosure agreements?
If you don’t do your homework, signing an NDA can end in disaster. Here are some critical points to look at.
A competitor is bad-mouthing me to my own clients. What should I do?
Depending on the circumstances and the conduct of your competitor, you may have recourse at law to protect your reputation or that of your company.
How should I structure my business to make it attractive for a buyer?
The simpler the structure and the more organised your documentation is, the easier and more attractive it will be for the buyer, all other things being equal.
How should I set up an arrangement with a supplier?
The main point to remember is that the arrangement should be documented in one central place rather than in many different emails or conversations.
What are the key things I need to put in a shareholders’ agreement?
Keep in mind, there is no one correct form of shareholders’ agreement and its content will always depend on the circumstances and what the shareholders agree.
Is it possible to patent particular processes and ways of doing things?
It is possible to obtain a patent for an apparatus, or for processes and methods of doing something, provided it meets certain criteria.
What are the essentials I need to speak to a lawyer about when starting a business?
It is a fact of business that quality advice costs money.
How do you work out the split of a business when you have a co-founder?
The most important thing to remember is to work it out upfront and have that arrangement properly documented in writing.
What are the legal issues I should watch for when selling a stake in my start-up business?
The more specific you are when documenting your arrangements from the outset, the lesser the risk of an argument later.
