A “brand” represents much more than just a business name or logo; it’s your business identity. It includes all the elements that distinguish your business in the marketplace—your name, slogans, and logos. You might think that simply because you’re the first to use a particular slogan or because your business name is registered, you automatically have protection against others using your brand. However, that’s not always the case. Let’s go over the five key tips to ensure your brand is fully protected through trademark registration.
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Do Your Research Before You Act
Trademarks generally operate on a “first come, first served” principle. This means that the first person to register a trademark related to their business gains ownership and can stop others from using it.
It’s essential to search the trademark register before you finalise your business name, slogan, or other key brand elements. Consider the consequences of spending months or even years building your business, investing heavily in advertising, only to find out you’re infringing on someone else’s trademark. In the worst-case scenario, you could be forced to rebrand your business, losing all the goodwill you’ve built, and facing costly compensation fees.
If you’ve been running your business without trademark protection, don’t panic. Just make sure to carry out a search now to spot any potential risks and take proactive steps to minimise your exposure.
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Secure Your Business Name
Whether you run a company or are a sole trader, you likely already have a registered business name. However, many people don’t realise that registering a business name provides limited protection from others using the same or similar name. If your business name closely resembles a registered trademark in your industry, you could be infringing on another party’s intellectual property.
To truly protect your business name, you must conduct a thorough search for any existing trademarks and consider registering your own. A registered trademark not only protects your brand but also adds value to your business. If you ever plan to sell or franchise, your trademark can be a sellable asset or licensed to others for royalties.
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Protect Your Slogans, Logos, and Designs
Trademarks don’t just safeguard your business name—they also protect other key elements of your brand, like slogans, logos, and designs that help set your business apart. While there is some automatic protection against competitors trying to pass off their products as yours, the protection provided by a registered trademark is far more comprehensive and easier to enforce.
By registering your trademark, you ensure that no one else can legally use your slogan, logo, or other distinguishing features, thereby strengthening your brand’s identity and market position.
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Consider the Classes of Goods and Services
Trademark protection is tied to specific goods and services, so you must carefully define what your business offers when applying for a trademark. For example, you might be able to stop competitors in the same industry from using your trademark, but it’s unlikely you can stop a company in a completely different industry.
Keep in mind that the more goods and services you list in your application, the higher the application fee. Also, including categories that your business doesn’t actually provide could result in your application being contested or even rejected.
An experienced solicitor can help you navigate the trademark application process and find the right balance between broad protection and cost-efficiency by accurately describing your goods and services.
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Get Expert Legal Help
Trademark law can be complex, and there are many nuances to the process that go beyond the basics outlined here. Trying to handle the application process without professional guidance could result in mistakes or even the rejection of your trademark.
It’s highly recommended to seek legal advice from experts who specialise in intellectual property law. At NB Commercial Law, we are experienced in trademark registration and intellectual property protection. We can guide you through every step, from providing tailored legal advice to filing your trademark application with precision.
Contact NB Commercial Law today for an initial consultation and quote, and make sure your brand is protected.