Why I'm Publishing This Open Letter
For six years, Sydney Business Web has traded openly, honestly, and under our own name—visible, traceable, taxpaying, and in good faith. So imagine my shock when I learned that someone had filed a trademark application for our business name, despite having no connection to it whatsoever. What followed was a crash course in how Australia’s trademark system fails the very businesses it claims to protect. I wrote this letter to Senator Tim Ayres because it’s time this was fixed—not just for me, but for every small business operating in good faith across the country.
Dear Senator Ayres,
My name is Keith Rowley, and I run a small but resilient web and SEO agency called Sydney Business Web. We’ve operated continuously since 2019, with a registered domain (https://sydneybusinessweb.com.au), an active Google Business Profile, and a strong presence across the web. We serve real clients, deliver real work, and uphold real values.
In July 2025, I received an unsolicited—and frankly disturbing—email from a registered law firm. The message informed me that a “client” intended to file a trademark application for the name Sydney Business Web.
Whether or not a formal trademark application had actually been submitted was unclear at the time. What was clear, however, was the implied threat of doing so.
There was no evidence of an ABN, trading history, or public presence under the name. This was not a coincidence. It was not parallel development. It was a hijacking attempt.
We had to act fast: filing our own application, reporting the incident to IP Australia, Scamwatch, and the OLSC, and gathering a body of evidence to prove what anyone with a browser could already see — we were the rightful owners of our brand — visible, traceable, taxpaying, and trading in good faith.
The Core Problem
Australia’s trademark law operates on a “first to file” principle. Section 124 of the Trade Marks Act 1995 provides a prior-use defence, but it’s toothless unless you’re dragged into court. And even then, platforms like Google or Meta often ignore that defence entirely, enforcing take-downs based solely on trademark registration — not on truth, ethics, or evidence.
In short: we can prove use, we can prove ownership, we can prove public association — but we still stand at risk because someone else filled out a form first.
Why This Matters
Small businesses like mine make up the lifeblood of the Australian economy. We don’t have in-house legal teams or thousands of dollars to burn on IP battles. We operate on trust, trade, and consistency. When the law makes it easy for bad actors to weaponise trademarks, it creates a chilling environment — one where good operators can be threatened, silenced, or erased.
A Call for Reform
I urge you, as Minister for Industry and Innovation, to champion changes that restore sanity and fairness to our trademark system. Specifically:
- Introduce red flags for bad faith filings, especially when a matching domain or ABN already exists.
- Provide fast-track challenges for longstanding businesses facing hijack attempts.
- Push digital platforms to recognise prior-use evidence, not just registration numbers.
This is a serious issue, and one that deserves urgent attention. I am not the only one this has happened to — and I won’t be the last unless something changes.
Thank you for your time.
FAQ on Trademarks and Business Names
Frequently Asked Questions
What is the main issue with Australia's trademark system?
Australia operates on a “first to file” trademark system, meaning someone can register a brand name even if another business has been using it for years. This puts longstanding businesses at risk of brand hijacking.
Can a business trademark your name even if you're already using it?
Yes. If you haven’t registered your trademark, someone else can file for it—even if you’ve been trading under it for years. Prior use is only a defence after legal action begins.
What happened to Sydney Business Web?
In July 2025, the business received a warning that another party intended to trademark its name. There was no sign of prior use by the other party, raising concerns about a bad faith attempt to take over the brand.
What is Section 124 of the Trade Marks Act 1995?
It’s a provision allowing a legal defence based on prior use of a trademark, but only after a dispute arises. It doesn’t prevent someone from registering your brand name.
Is prior use enough to stop a trademark registration?
No. Prior use won’t stop a registration from being accepted unless opposed or challenged after registration.
Can platforms like Google take down your listings due to a trademark dispute?
Yes. Platforms often act automatically based on trademark registration and may remove listings even when prior use is evident.
What reforms are being requested?
The letter calls for better screening of bad faith filings, recognition of prior use during application review, and faster support for small businesses defending their brand.
Who oversees trademark law in Australia?
Trademark law is administered by IP Australia under the federal Minister for Industry and Innovation.
How can I protect my business name?
The most secure way is to register your business name as a trademark early, even if you've been using it for years.
