Stories

January is a time for fresh starts.  After the Christmas break, many entrepreneurs and businesses return with renewed energy and big plans for the year ahead - new ventures, new products, new services, new brands.  If that sounds like you (or your clients), there are two  critical questions to ask early on:

1. Can you use and register your chosen brand?
2. Have you protected your brand?

Why Early Action Matters

Many people assume that registering a company name or domain name or social media handle is enough. However, trade mark rights are separate and failing to do clearance searches can lead to:

• Legal challenges - Competitors or earlier rights holders can block your use.
• Marketing waste - Investment in branding and advertising can be lost in an instant.
• Reputational damage – You might damage your reputation or customer trust if you are forced to rebrand.

Therefore, before launching you should be clearing your chosen brand for use and registration and applying for the brand as a trade mark in your key markets. The earlier you act, the easier it is to avoid these pitfalls. Trade mark clearance and registration are faster and more affordable than you might think. 

Your Brand Is More Than a Name

Your trade mark is not just a name or logo, it is the identity customers will come to know and trust.  It represents your reputation, your values and the promise behind your product or service.  It is the only IP right that can potentially last forever. Securing a registered trade mark early on means:

• Ownership and exclusivity – a trade mark will give you a monopoly right in relation to the goods and services protected under it.
• Enforceability - with a registered trade mark, you have the legal right to prevent others from using the same or a confusingly similar name or logo for related goods or services.
• Online and Border Battle Fields – having a registered trade mark is essential for enabling quick and cost-effective action online and at our borders.
• Avoiding costly mistakes - discovering too late that your chosen name infringes a third party’s rights can mean expensive rebrands, lost goodwill and maybe even legal disputes.
• Building long-term value - A registered trade mark is a business asset.  It reassures investors, strengthens your position in negotiations and adds value if you ever decide to sell or license your brand.

Without a trade mark registration, your options are limited and often expensive. Proving unregistered rights (known as “passing off” in the UK) can be complex, time-consuming and costly.  Registered trade mark protection gives you certainty and leverage.

For In-House Lawyers

If you are advising a business on a new product launch or expansion, trade mark strategy should be part of your checklist.  Early involvement of a trade mark specialist avoids future litigation and protects the company’s investment in brand development. 

The various online issues faced by brands are well documented.  However, AI is making it even easier to create fake webpages and other electronic means of communication.  Registered trade marks are an essential must have in your tool kit for the online battlefield.

However, it is not just about risk management, it is about adding value.

Start the Year Properly

Registering a trade mark gives you exclusive legal rights to your brand.  This means you can protect it, enforce it and grow your business without the risk of losing what makes you unique.

If you are planning a new venture, or advising on one, don’t leave your brand vulnerable.  Make trade mark protection part of your launch strategy and contact us early on for expert advice.