The Melbourne “Cinnabon” Dispute: Why Trade Mark Searches Are Essential Before Launching a Brand
The recent dispute involving the Cinnabon brand in Melbourne is a timely reminder that brand ownership isn’t secured by simply registering a business name, company name or domain name. True legal protection comes from owning a registered trade mark — and that begins with a trade mark search.
What Happened in the Cinnabon Case
A Melbourne business recently found itself in hot water after using the brand name “Cinnabon,” a well-known international brand of cinnamon rolls. The global trade mark owner reportedly took action to prevent unauthorised use of its brand name in Australia.
This situation highlights a crucial point for all business owners: if you don’t conduct a proper trade mark search before launching, you risk investing heavily in a name you can’t legally use.
Why Trade Mark Searches Matter
A trade mark search helps you determine whether your proposed brand name, logo or slogan is already registered or in use by someone else. It’s a critical step before launching any new product, business, or rebrand.
Skipping this step can lead to serious consequences:
• Legal disputes and cease-and-desist letters from existing trade mark owners.
• Costly rebranding, including new signage, packaging, and marketing materials.
• Loss of goodwill and customer confusion if you’re forced to change your brand name.
Business and Domain Names Don’t Provide Brand Ownership
Many business owners mistakenly believe that registering a business name or domain gives them brand protection. In reality, these registrations are administrative only – they don’t grant exclusive rights to use the name in trade.
Only a registered trade mark provides enforceable legal ownership and protection across Australia.
How to Protect Your Brand Before Launch
- Conduct a comprehensive trade mark search. A professional search through IP Australia’s database (and other sources) will reveal potential conflicts.
- Get professional advice early. A Trade Marks Attorney can interpret the search results and advise whether your name is safe to use and register as a trade mark.
- Register your trade mark. Once you’ve confirmed your brand is available, apply to register it. This gives you exclusive rights to use and protect it.
- Monitor and enforce your rights. Even after registration, ongoing vigilance helps prevent others from infringing your brand.
Key Takeaway
The Melbourne Cinnabon dispute underscores that brand protection starts long before launch day. Choosing a name without first checking the trade mark register is a risk no business should take.
At Hawk IP, we help businesses conduct trade mark searches, assess availability, and secure registrations that protect their brands.
Contact Hawk IP, the trade mark experts, and take advantage of a 20-minute free phone consultation. Reach out to us now!