With the re-election of the Albanese government, the proposed ban on non-compete clauses, which was announced during this year’s budget, remains on the table.

The proposed ban follows the release of the Treasury’s Issues Paper in April 2024, which considered the impact of non-competes and other employment restraints.

Because promoting job mobility in the labour market remains a focus for the government, now is an ideal time to start thinking about what the ban could mean for you and your small business. 

What’s happening?

Non-compete clauses could be banned

If the proposal is passed by Parliament in its current form, non-compete clauses will be banned in employment contracts from 2027 for workers earning less than the high-income threshold (currently $175,000 per year).

At present, around 3 million employment contracts in Australia contain non-compete clauses which restrict these workers from going to work for a competitor or setting up a competing business within a certain geographical area for a set period once they cease employment with their employer. 

Non-solicitation clauses may also be on the chopping block 

The government has also foreshadowed consultation on the use of non-solicitation clauses. These clauses seek to prevent former employees from soliciting clients or employees from their former employer. 

Should a ban be implemented on non-solicitation clauses, this is likely to be of significant concern for small businesses seeking to protect their valuable confidential and sensitive information, especially in the context of a ban on non-compete clauses. 

Possible crackdown on wage-fixing and no-poach agreements

Post-employment restraint clauses are not the only target for further reform. 

The government has committed to close further loopholes on the use of “wage-fixing” and “no-poach” agreements. 

Under a wage-fixing agreement, two or more businesses agree to fix wages or employment conditions to discourage workers from moving to a higher paying role with a competitor. 

Similarly, under a no-poach agreement, businesses agree not to hire workers from certain other businesses, thereby reducing job opportunities for workers. It is not uncommon that workers are not aware of these agreements.

It is projected that the proposed reforms will increase job mobility within the labour market, leading to higher wages for workers and greater economic productivity. 

What you should do now

While it remains to be seen whether the proposed reforms will pass through Parliament and become law, there are several steps small businesses can take in the interim to ensure they are prepared for the changing competition landscape:

1. Review the business’ current use of non-compete clauses – review existing employment contracts and determine how many contracts contain non-compete clauses and if there is a trend in their use (for example, lower income earners in specific positions)
2. Consider the reasonableness of existing non-compete clauses – irrespective of any possible ban, it is important to consider whether the non-compete clause is reasonable having regard to the legitimate business interests you as a business owner are trying to protect. 
3. Review non-solicitation clauses – while the government has foreshadowed consultation on the use of non-solicitation clauses, these clauses provide an alternative method for seeking to protect legitimate business interests by preventing former employees from poaching clients or other employees.
4. Review employee confidentiality clauses – given the uncertainty surrounding the future use of non-compete clauses, it is wise for small businesses to ensure their employee confidentiality clauses are adequate to protect their business interests. Given an employee’s obligations under a confidentiality clause survive the termination of their employment contract, these clauses, when drafted appropriately, are an effective way to protect confidential information.

Are your non-compete clauses really enforceable?

Even if you already have non-compete clauses in your employer contracts, there’s no guarantee these are actually enforceable.

In order to be enforceable, a non-compete clause must be reasonable, having regard to the legitimate business interests an employer is trying to protect, and not be contrary to public policy.

A variety of factors would be considered, including:

– What is the legitimate business interest the employer is seeking to protect?
– Does the non-compete clause interfere with an employee’s ability to work and earn an income using their skills and experience?

The post Non-compete clauses may be banned by 2027 – here’s what small businesses should do now appeared first on Inside Small Business.

Maehashi alleged that Bellamy’s bestselling cookbook, Bake with Brooki, contained recipes plagiarised from other creators – including Maehashi’s own caramel slice and baklava.

The author and business owner published a statement that included screenshot comparisons of the recipes.

“The similarities are so extensive, dismissing it as a coincidence would be absurd (in my opinion),” said Maehashi in the statement.

Bellamy denied the allegations in an Instagram story on Wednesday night. In the statement, she claimed to have been making and selling her caramel slices since 2016 – four years before Maehashi’s caramel slice recipe was first published.

Bellamy then added a screenshot of an Instagram post from December 2016, which featured a photo of her caramel slices for sale. She did not provide the recipe she had used on that occasion.

The publisher of Bake with Brooki, Penguin Random House Australia, has also denied Maehashi’s allegations.

Can you copyright a recipe?

According to the Australian Copyright Council, copyright doesn’t protect recipe information like ingredients or cooking methods.

However, copyright law does kick in when the recipe is “recorded in some way”, according to the Council – in other words, it can protect the unique way that a recipe is written down. This means that Maehashi’s methods, ingredients, quantities, and timings aren’t necessarily protected by law, but her unique expressions might be.

The problem of IP “grey areas”

The RecipeTin Eats scenario illustrates a fundamental problem in the lack of IP protection available for many businesses.

As we move into a more service-based, informational economy, more and more products occupy the same space as Maehashi’s recipes. Services like branding, online courses, business models, and designs are difficult to shelter from plagiarism because their value lies in ideas – which aren’t covered by copyright.

As the Australian Copyright Council describes, “Copyright does not protect ideas or information, but rather the way ideas or information is expressed.”

This challenge is growing even more complicated with the rise of generative AI. With LLMs scraping the internet to generate content, it’s becoming increasingly difficult both to protect your own IP and to avoid accidentally infringing on others’. For more information, ISB spoke with an AI expert Leanne Shelton about how business owners can avoid accidental copyright infringement. 

What can small-business owners do to protect their IP?

When it comes down to it, there is sometimes little you can do to fully prevent others from copying your IP. But that doesn’t mean you shouldn’t consider all the tools available to you, including engaging a qualified legal professional.

Know your legal protections

Depending on what your products and services are, there may be multiple options to protect your IP, as explained by Intellectual Property Australia:

Copyright: Copyright protects the expression of an idea. Unlike other IP protections, you don’t have to apply for these.

Trademarks: Identify your unique brands, products and services

Patents: Cover inventions, and can be used to stop others from copying your innovations.

Registered designs: These cover the unique appearance of products and can be used to stop others from copying your designs.

Get legal protection before infringement occurs

ISB recently spoke to the founders of e-commerce start-up CMY Cubes, Gabi Saper and Lorenzo González. The founder duo recounted how another company had tried to trademark their products about a year after they had established the business. What followed was a lengthy legal battle.

Saper said that the trouble could have been avoided if the brand had trademarked early.

“If we had it from the beginning, we would just be like, ‘No, we’ve got it, and we’ve had it’,” she said.

If all else fails – build a loyal fanbase

Maehashi’s recipes – and buoyant, personable online presence – have transformed her into a beloved figure internationally.

Following her allegations against Bellamy, she received an outpouring of support from RecipeTin Eats fans.

“You are a strong and courageous woman – well done for speaking out,” said commenter Janet Fitzpatrick on Maehashi’s statement post.

“Nagi, you have my utmost support, along with everyone,” said another commentator going by the name of Kathryn. “This is awful, and I’m so sorry this is happening to you and other authors.”

The torrent of online support proves the importance of customer loyalty in a world where small businesses often receive little recourse for an alleged IP infringement.

Maehashi said she can’t speak about potential legal action against Penguin Random House and Bellamy. But when it comes to reputation, she certainly seems to have won over the court of public opinion.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified legal professional.

The post Brooki Bakehouse, RecipeTin Eats, and the complexities of IP protection for small businesses appeared first on Inside Small Business.

The new IP First Response provides information about:

• What to do if your IP has been infringed
• What to do if you’ve been accused of infringement
• Tips to strengthen your IP strategy
• Avenues to follow if you disagree with a decision made by IP Australia

As of March 21st, 2025, parts of the tool covering the latter three points are still under construction.

IP infringements are all too common among small-business owners, who often lack the foresight to prevent them and the resources to deal with them.

ISB recently heard from the owners of small retailer Geedup Clothing, who said that counterfeits of their products were being sold at events around Australia, such as the Sydney Royal Easter Show.

“Geedup is an Australian brand born in Western Sydney that has worked tirelessly to build a global following,” said Trevene Patrick, Geedup’s Global General Manager. “To see counterfeit products being sold at such iconic Australian events is extremely disappointing.”

Geedup has since invested in lawyers and private investigators to combat the fakes, and says it has even involved the Australian Border Force to prevent counterfeits entering the country.

According to IP Australia, it’s helpful to be aware of possible enforcement pathways as soon as infringements arise. The agency says that it’s new IP First Response tool will be a source of common enforcement pathways, key considerations, and practical support for businesses.

The post IP Australia launches IP First Response to help businesses tackle infringement appeared first on Inside Small Business.

The survey, conducted by Peninsula Group across Australia, New Zealand, Canada, Ireland, and the UK, found that security risks are the primary concern around AI for approximately a quarter of respondents in ANZ (24 per cent in Australia and 26 per cent in New Zealand) and 47 per cent overall globally.

“While AI offers immense potential to boost productivity and streamline processes, concerns about its risks are growing, especially in the wake of high-profile cyber breaches. Given Australia’s vulnerability, it’s no surprise that small businesses are wary of sharing data with third parties, which is a prerequisite for most AI tools,” said David Price, CEO at Peninsula ANZ and BrightHR ANZ.

Other concerns among the global respondents include reputational impact (+183 per cent), risk of breaking the law (+183 per cent), loss of intellectual property (+178 per cent), and impact on work quality and productivity (+158 per cent).

In the ANZ region, concerns of losing intellectual property and an increased margin of error tied in second place are key worries for Australian respondents. Meanwhile in New Zealand, it was work quality and/or productivity. 

“It’s clear that while small businesses are slowly dipping their feet in the water when it comes to adopting AI, their concerns around the risks it carries are stopping them from diving straight in and widely implementing new technologies,” says Price. 

Despite the aforementioned concerns about AI, ANZ SMEs are considered to still be the most likely to use AI regularly compared to SMEs in other countries. 

AI in the workplace: now and in the future

The survey noted that the most popular use of AI for small businesses in both Australia and New Zealand was for administrative tasks, at 18 per cent and 19 per cent, respectively. Specific uses include creating meeting agendas, summarising documents or resources, and drafting emails or communications. 

In addition, 47 per cent of the ANZ SMEs have stressed that people remain irreplaceable in their business, amid fears of AI replacing people in performing tasks. However, 22 per cent believe that AI will replace jobs at their company at some point. 

“As the cost of doing business rises in 2024, employers are understandably assessing where they can decrease overheads, speed up processes, boost productivity, and ultimately, boost profits. So, it’s no surprise to see SME business owners and employers voice the prediction that some positions will become redundant as AI is increasingly adopted,” said Price. 

AI is perceived as having the potential to positively transform workplaces for roughly a third of ANZ respondents (32 per cent in Australia and 33 per cent in New Zealand). New Zealand SMEs are noted to be more likely to say AI was useful, but that it won’t overtake traditional ways of working, at 29 per cent. This belief was lower in Australia, at 21 per cent.

“Whilst small businesses aren’t completely opposed to using AI, they’re seeking clarity and assurance when it comes to security, productivity, and quality of output. These are concerns that AI developers will need to address if they hope to increase its uptake in the global SME community,” Price concluded.

The post Why half of SMEs don’t use AI appeared first on Inside Small Business.

Being sued is often a sign of success. It means you have something that someone else wants and, therefore, it should be something you work hard to protect from the outset. 

As a lawyer who primarily acts in contested litigation, I wish I could turn back the clock and advise my clients to set up their affairs in a way that protects their business and their ideas and limits their personal exposure. 

One of the most common and more damaging mistakes I see small-business owners make is that they do not seek sound and tailored legal advice early in their business’ life cycle. Good legal advice is quite often seen as something only to be sought when things go wrong, instead of as a valuable and necessary ingredient in a small business’ planning, success and growth potential. 

I discuss a few of the more common issues that end up on my desk in this article. Without the correct planning and sound legal advice, the various pitfalls that business owners can encounter can be detrimental, or even fatal, to the business and its intellectual property in the long term, so we will delve into how to avoid them, and what to expect.

Think long-term about structure

A lot of small businesses start out as a sole trader under their personal ABN or as a business partnership. If your business starts to experience a high level of growth, however, and you want to hire employees and invest in it or attract investment, an alternative structure is probably more suitable.

Sole traders, partnerships, companies and trusts all operate differently and have their own advantages and disadvantages. 

“Ensuring that you are entering into appropriate contracts with third parties, including suppliers and customers, is important.”

You may decide, for example, that setting up a company is the best option going forward – to seek to limit personal liability and exposure, for one thing. Of course, once you are a director of a company, you owe duties at law and it is important that directors are informed as to those duties, and how to discharge them. 

For companies, ensuring the business has the appropriate structures in place may be the difference between being attractive to potential investors and looking unimpressive. Investors search for companies that have a coherent plan and structure. Ensuring a company constitution is in place that governs the management of the company, as well as a shareholder’s agreement with the company’s shareholders, is critical. When rights, entitlement and obligations are clearly defined, there is less room for dispute. 

The process of becoming a company has its costs, and legal fees most likely sit at the bottom of the priority list for many business owners; however, when these basic legal structures are not properly considered at the outset, the costs are almost guaranteed to balloon exponentially, whether it’s in weeks, months or years later, due to the issues and growing pains that will inevitably arise. 

Protect Intellectual Property

One of the most important aspects of expanding your business is protecting its intellectual property (IP). Anything can happen in a business, especially one experiencing the many trials and tribulations of growth. It should go without saying that investing in the registration and protection of IP – such as patents, trademarks and business names – should be high on the priority list and addressed at the outset of establishing a business.

The concerns go beyond registering your brand and patenting your inventions or research; employees and third-party contractors can leave and take your ideas elsewhere, so it is key to think ahead when it comes to protecting the business’ IP. Great ideas are worth protecting, and safeguards should be put into place to do just that. Legal assistance can help fortify IP, by setting up confidentiality and non-disclosure agreements with contractors and other stakeholders, among other things. 

Employment contracts and restraints

Restraint of trade clauses in employment contracts are an essential protection measure for when employees move on from the business, to ensure they may not pass on information about the brand or valuable contacts that would be detrimental to your business’ interests. Restraint of trade clauses either take the form of:

1. Non-competition clauses, which prevent employees from competing with their former employer for a set period and within a certain place following the cessation of their employment.
2. Non-solicit/non-dealing clauses, which restrain a former employee from dealing with clients or employees of the former business for a set period following the cessation of their employment.

Restraint of trade clauses must be carefully drafted to be enforceable. They are only enforceable where the business has a legitimate interest and the restraint is no more than reasonable for the protection of that legitimate interest. If a dispute arises after the termination of employment, there is a risk that poorly drafted restraint clauses will be considered unenforceable by a court. Accordingly, it is strongly advised that business owners seek legal advice on the drafting of employment contracts that include these clauses.

Limiting who has access to your ideas or ‘secret herbs and spices’ is also critical. This is where appropriate workplace policies and safeguards around the protection of IP within your business come into play. 

Contracts with third parties

Ensuring that you are entering into appropriate contracts with third parties, including suppliers and customers, is important. 

Cash is king. Ensuring you have clear payment terms, a contractual entitlement to claim interest for breaches of payment terms, and personal guarantees from directors of companies with whom you contract, are all relevant considerations. 

Responding to a dispute

Know when to hand over to the experts.

Often, even when a dispute arises, businesses are hesitant to incur the costs of obtaining legal advice early on in the dispute.

This can often lead to the parties engaging in open correspondence, which may later be used in legal proceedings against their interests. Likewise, it can result in the settlements of disputes that do not fully contemplate the parties’ rights and entitlements in the event that settlement is not honoured. 

Ensuring that appropriate insurance is in place is another relevant consideration – including appropriate directors and officers insurance if you are a company.

This story first appeared in issue 41 of the Inside Small Business quarterly magazine

The post How legal eagles can ease businesses’ growing pains appeared first on Inside Small Business.

Recently, Australian designer Katie Perry made headlines after winning a 14-year trademark lawsuit with the more-famous American singer Katy Perry.

I found Katie’s story fascinating and asked her to speak on my podcast, Financial Survivor Stories. Something that raises huge concerns for me, was that although her story was a major win for local small businesses and IP – it was also tremendously sad that she has had to go through this battle for so long even with her IP protected!

The ongoing mental toll the entire ordeal had on Katie as a small-business owner protecting her baby was an immense struggle for her business and personal mental health, and recently, the popstar Katy Perry appealed the decision of the court. Something Australian Katie says will cause her to lose everything if she loses.

If the result does swing in the popstar’s favour, this will be a major blow for Australian small businesses that play a vital role in fostering economic growth, innovation, and diversity within local communities.

So, it poses the question – will the ongoing emergence of large organisations looking to grow pose a significant threat to their survival?

In order to ensure the resilience and longevity of small businesses, it is crucial to adopt proactive measures to protect them from being overshadowed or taken over by corporate giants. Here are a few tips on keeping corporations from coming for your brand:

1. Embrace authenticity: What is it that makes your business unique? Usually, bigger companies can sometimes lose sight of the values or goals of a smaller business. Your business being smaller has advantages, for which you can embed your culture and process faster than a bigger entity. Use that authenticity to build trust, attracting customers who appreciate your genuine approach.
2. Be strategic: Forge partnerships with other small businesses, particularly those owned by people who align with your goals. This collaborative approach, by connecting resources, sharing expertise, and cross-promoting each other’s offerings, can collectively compete against larger corporations while amplifying your reach and impact.
3. Cultivate a personalised customer experience: Women entrepreneurs often excel in understanding customer needs and building relationships. Leverage this strength by providing a personalised customer experience, tailoring your products or services and going the extra mile to make customers feel valued and appreciated.
4. Social media influencers: Collaborate with influential people in your industry or local community who align with your brand values. Engage them as ambassadors or partners to amplify your message and increase brand visibility. This doesn’t have to cost the earth. You could do a swap on products or services to help each other.
5. Protect your intellectual property: Safeguard your intellectual property, including trademarks, copyrights, and patents. Consult with legal professionals specialising in intellectual property to ensure your ideas, brand, and innovations are adequately protected. This safeguards your unique offerings from imitation or exploitation by larger businesses.
6. Embrace digital transformation: Embrace digital technologies to streamline operations, enhance customer experiences, and expand your reach. Use online platforms, e-commerce, and digital marketing strategies to connect and automate your communication with customers and compete on a more level playing field with larger corporations. If you have no idea how to do it, learn, or hire someone!

While the presence of big organisations may seem intimidating, small businesses can protect themselves by leveraging their unique strengths. There is room for us all, your personal strength is what separates the survivors from the rest.

Alone we are strong, together we are stronger.

The post Safeguarding small businesses: strategies to counter the threat of corporate dominance appeared first on Inside Small Business.

1. Build a solid business model

Ideally, you should have an existing business that you want to expand into a franchise. It can be harder to sell a franchise model to potential franchisees if you cannot point to an existing business. It is easier to show that you have a proven formula when you already have a profitable business.

2. Do your research

Consider the industry your franchise will be operating in. You should think about:

• who your competitors are:
• whether there are similar franchises already; and
• which laws are likely to apply to your franchises.

A strong understanding of the market will allow you to pre-empt any potential issues and adapt your model accordingly. Additionally, speak with franchise lawyers and accounting and business experts for advice on what will work best for your franchise.

3. Prioritise recruitment

Take your time to develop a strategy for recruiting and assessing potential franchisees. First, consider what your ideal franchisee looks like, where you will find them and how you will attract them. Then, bring franchisees on board who are committed to your vision and high standards.

4. Implement training standards

Create training materials that give your franchisees the knowledge they need for success. For example, is there specialised equipment that your franchisees will be operating, or a particular recipe to be followed? Include these in your training materials.

5. Plan to succeed

Consider what you want your franchise system to look like. Then, reflect on what you can offer franchisees and what you expect of them in return. This will help you maintain high standards throughout your network and provide your customers the best possible product or service.

6. Decide on fees

You want your franchises to be profitable. This will encourage growth and draw other franchisees to your network. A crucial part of fostering this profitability is ensuring that the initial and ongoing fees you charge franchisees are reasonable.

7. Protect your Intellectual Property (IP)

Consider registering each type of IP relevant to your franchise. Register your logo as a trade mark and register your business name. Then, you can give franchisees a licence to use your IP for as long as they are franchisees.

8. Get your franchise documents drafted

You will need to prepare a franchise agreement and a disclosure document at a minimum. You can also require franchisees to sign other documents, including:

• property licences;
• confidentiality agreements;
• non-compete deeds; and
• personal guarantees.

You should also create an operations manual, a go-to guide that shows your franchisees exactly how to run their business.

Do not take shortcuts when it comes to your legal documents. Instead, you should take the time to consult with franchising lawyers. Franchising is a highly regulated area in Australia, with rules about what you can, and cannot, include in your franchise agreement.

Key takeaways

Franchisees buy into franchises to follow a proven system for running a profitable business. Therefore, before turning your business into a franchise, ensure you have everything in place to allow your franchisees to run a successful operation. Research and planning give your franchise the best chance of success.

If you have any questions about starting a franchise, LegalVision’s specialist franchise lawyers can assist. Become a member and you will have unlimited access to lawyers to answer your questions and draft all the necessary franchise documents to get your franchise off the ground. Call LegalVision today on 1300 544 755 or visit our membership page. You can also register for our free May webinar on how to set up a franchise network or download our free Franchisor Toolkit.

The post Eight steps to starting a franchise appeared first on Inside Small Business.

When naming your business, it’s important you consider trademarks. Trademarks are known as intellectual property and the IP (intellectual property) rights are owned by registering them with IP Australia. Simply put, you would need to apply for IP rights which are then listed for public review for several months before being accepted. After being displayed for a period of time, the trademark will either be accepted or rejected depending on the outcome and if there are any objections.

Why you should trademark your company

Your business might become one of your biggest assets, so why wouldn’t you want to protect the unique name and business identity that you invested in with your time, money and reputation? Trademarking your business name allows you IP rights so that no one can steal your business name. Every major brand has trademarked their name and own the IP rights in a certain class. Classes depend on what industry you trade in. I.e., Construction, marketing etc. I now own two trademarks and I feel assured that no one else will be able to trade as my name in my class.

Speaking from experience

We founded our company in 2017, and after trading for nearly 18 months we were threatened with a cease & desist letter as I had unknowingly infringed on a trademark owned by a major camera company. The letter pointed to a violation of the camera company’s Intellectual Property (IP) and informed me that if had continued using the name I would be taken to federal court.

After pulling my hair out and feeling that I was on the brink of losing my company, we sought legal advice and rebranded after spending thousands on legal fees, branding and marketing. When we were in the process of rebranding and deciding on a new name for the business, we started with 50 names, but many were already taken. After four months of working with our current clients and signing a stat dec, it came down to just two names. In the end, we went with Orizonta Pty Ltd.

Where to start

I realised after we had rebranded that my accountant did not know about trademarks and why should they? They count numbers and keep your business in check. Accountants are vital to your business and should not be downplayed, but this doesn’t mean that they know about trademarks and why they are important.

It cost me thousands of dollars to rebrand. I believe that this mistake could have been avoided very easily if I had received the right advice in the first place. The BrandRead.i.y., platform, for example, instantly searches the availability of business names across the web, socials and Australian IP and ABN databases.  If services like this had existed a few years ago, it would have given me peace of mind that our name was free to use cross-platform and saved me a great deal of time, energy, money and heartache.

The post Even your accountant won’t tell you about this mistake that could cost you thousands appeared first on Inside Small Business.

Entrepreneurs like Virgin’s Richard Branson, Amazon’s Jeff Bezos and, locally, Boost Juice’s Janine Allis and Sweat’s Kayla Itsines have built their own profile as a growth strategy for their businesses. Richard Branson credits it as one reason for his success in markets like the US, while Kayla Itsines has 28 million Facebook followers, 13 million on Instagram, and is worth $486 million.

In December 2020 there were more than 2.8 million businesses in Australia, 100,000 more than in December 2019. While COVID has ravaged small businesses in overseas markets like the US and UK, many (but not all) local small businesses have been supported during the pandemic so that they can survive this chaotic period. (Update: I wrote this just before the Delta strain reached Australia, so the current lockdowns and any more to come are already creating a harder future for many SMEs).

So, when you’re leading a business and that business is yours, how can you build your profile at the same time as you build your business brand so the two support each other and you can achieve growth faster? How can you ensure you do it so the two are complementary but also somewhat independent, so if and when you decide to step away from your business, you can take your reputation with you?

Here are four tips on how you can build your profile of a business leader, utilise it as a growth strategy and retain your IP so your reputation is an asset that delivers results for you over the lifetime of your career.

1. Knowing your end goal

Are you leading a business you want to scale and globalise? Are you running a family-owned business that you’ll step down from one day or pass to someone else in the family? Are you building a business to sell? Are you growing a purpose-led business with the goal of having a positive impact on the world?

These questions are relevant because they give purpose to how you build your profile and the platforms you choose to be visible on. If you’re leading a family-owned business, you’ll probably be focused on telling your company’s story – especially its history and values. There won’t be much division here between your own IP and how you use your profile to build the profile of the brand, because whatever results you achieve will help the business grow and benefit your family.

“Building your profile can open opportunities for you that you may never have known about.”

If you’re growing a business with the goal of selling it one day, there needs to be a line between how you use your profile to grow the business and the IP you can take with you when you sell the business. Media will be an important platform for you to leverage in this situation, but having content and platforms that you own will be equally important – for instance, a blog or curating all your thought leadership work on a platform like Medium.

2. Owning a space

Social media can look like a shouting factory at times. Overwhelming and almost pointless to contribute your voice to someone who wants to do it with purpose and so it has value. But if you analyse the influencers in your industry and the business leaders you admire, you can track what’s already being talked about against your passions and expertise to find areas that aren’t already “owned” and start sharing your knowledge on a topic area that isn’t already crowded.

Often this step in starting to build your profile needs to be done by someone other than you so they can independently analyse these people against your values, expertise and growth plans for your businesses. They can do it without bias and judgment and make clear recommendations on how you can “own a space”, engage and grow an audience, and do it so it’s aligned with your values as well as your plan for your business.

3. A balance between PR for your business and sharing your IP

Your business may be what you live and breathe right now, but what do you want to do with it eventually? Bring on investors? Grow it to sell it? Float it? Sell it and start another business? PR is obviously an effective way to build the reputation of your business and support its growth, but if you’re only known as the spokesperson for your business, all your IP and expertise will go with the brand when you step away from it.

As a business owner and leader, it’s important to use your voice to build your business’s brand at the same time as you create content you own that will go with you if or when you move away from the business. It might seem like that will never happen now, but it will one day. The owned content you create today will build your legacy and support the next phase of your career, whether you end up consulting part-time, moving into board roles or you use your voice to support social causes.

4. Play to your strengths and get help with the rest

Time is a barrier for most of us. And building your profile is something you want to do, but stays on the list because of a lack of time to do it. No time to figure out what you really want to be known for so it has value to you and your business. No time to actually create the content. No time to learn how to write well. No time to do lives or videos. No time to start to build media relationships or figure out how to contribute meaningfully on Twitter.

Get help. If you have loads of ideas for thought leader content but no time to write it or create it, get help from someone who can extract it from your brain and make it into something tangible. Get help figuring out what platforms to use to build your profile and get help building relationships with journalists. Your time is your most valuable resource, so you want to be meeting the right journalists, not wasting time figuring out who the right journos might be.

Building your profile can open opportunities for you you may never have known about or may have been years out of reach for you. You can make your profile into an asset that not only supports the growth of the business you own or lead now, but that you take with you over the lifetime of your career.

This article first appeared in issue 34 of the Inside Small Business quarterly magazine

The post A striking profile appeared first on Inside Small Business.

Banksy clearly knows a thing or two about brands. He uses mystery & spectacle like no other. He has staged many public stunts, such as his lampooning “Dismaland” theme park in England, to his self-destroying “Girl with Balloon” painting – sold at auction for nearly $AUD2M, it shredded itself in full public view before its new owners could take it home. He has managed all this, including making more and more public artworks while keeping his identity unknown (which is no mean feat in this day and age).

Banksy’s Brand is the envy of many, but his trademarks are not

Trademarks are powerful business tools when used properly. They are used by organisations as a badge of origin for their products and services. However, their real purpose is to make sure there is no confusion by the buying public as to where their purchase has come from. This is why, for trademarks to work properly, they need to be distinctive, not descriptive. A trademark owner has a legal right to stop unauthorised use of their trademarks by a third party selling the same or similar goods or services. Most of the time trademarks will be words, but they can also be colours, smells, shapes, and… graphic representations (like logos)… which brings us back to Banksy.

Use it or lose it

In an attempt to stop his art from being reproduced on t-shirts and birthday cards, Banksy registered several of his artworks as trademarks. But this has not exactly gone to plan.

One of the main issues with his trademark registrations is their use by Banksy. And here is the important bit… to keep your trademark registered, you must use it as a trademark for the goods or services with which it is registered. Banksy registered several of his artworks as trademarks for selling art supplies, clothing, books, music, carpets, education and training services, and many more things. The problem is, he (and his company “Pest Control Office Limited”, the owners of the trademarks) were not using any of these trademarks as trademarks for any of the goods or services for which they were registered – he has never sold any t-shirts, rugs or birthday cards with his artworks on them. In fact, one might argue regardless of where he has used his artworks, he has never used them “as trademarks”. He has only used them as a form of artistic expression, not a badge of origin for goods to be sold.

Unfortunately for Banksy, the European Union Intellectual Property Office thought so too. Despite being registered as trademarks, when greeting card company “Full Colour Black” applied for Banksy’s registrations to be invalidated on grounds of “bad faith” (for lack of use as a trademark), they were successful and several of the registrations have been or are being removed.

Stick to your knitting

To save yourself both time and money, don’t get too greedy and attempt to register a trademark you have no intention of using, or for goods or services for which you have no intention of selling. Likewise, don’t try and use a trademark as a way to protect something that can’t be protected or should have been protected using a different intangible asset (a mistake we see many companies making)

Instead, if you want to ensure your trademarks are valid and that you will be able to enforce your rights if someone infringes your trademark, then make sure the trademarks you are registering will be used for the goods and/or services for which they are registered and in the country where they are registered. What is meant by “use as a trademark” will typically mean being on related goods (e.g. on labels), in advertising, on collateral or even invoices.

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