From Nike’s swoosh to McDonald’s golden arches, a creative and original trade mark can help you build a brand which becomes a household name. However, many businesses fail to utilise the power of trade marks to their advantage. A registered trade mark not only helps you to safely distinguish your business as an instantly recognisable brand, but it also protects it from those looking to steal your investment and success.
Here we explain the steps to trade marking your insignia and why it is so essential to your business’s growth.
Understanding Trade Marks
Trade Marks are signs that distinguish goods and services from those of other undertakings. It is the way a business stands out from the competition. A trade mark needs to be applied for and when registered gives you exclusive rights to its use and legal protection if someone tries to steal or copy it. Once registered, a trade mark becomes an intangible business asset that makes up part of your intellectual property.
Protecting Your Brand or Insignia
In its simplest terms, a trade mark protects your brand or insignia by ensuring that others cannot use your Intangible assets without your permission. They give you legal recourse if someone else tries to use your brand identity. If someone infringes on your trade mark, you can take legal action to stop them and seek damages for any harm caused to your brand.
Trade marks also help prevent consumer confusion by ensuring that only your company can use your brand identity. This prevents other businesses from using similar names or logos that could confuse customers. Sometimes, it is not that straightforward. This is why it is key to get it right!
When you get what is protected right, not only does it help protect your business from bad actors and copycats looking to profit off your brand’s success, but it can also become a valuable asset for your business.
Benefiting Your Business Growth
A creative and well-thought-out trade mark can help take your business to new heights by building brand recognition and customer trust, ultimately leading to more exposure and increased sales. Having a well-established and legally protected trade mark increases the value of your brand, making your business more attractive to investors or potential buyers and fuelling your growth.
Trade marks can be registered internationally, providing protection for your brand in multiple countries. However, there is nothing like one international trade mark which gives you a global protection for your business. They are very jurisdictional. It is particularly important you consult a trade mark lawyer if you are looking at expanding your business to new markets overseas.
How to Trade Mark Your Business
Here is a step-by-step guide for those looking to trade mark their brand or insignia:
1. Conducting a thorough trade mark search
Before filing a trade mark application, it is prudent to conduct a comprehensive trade mark search to ensure that your desired trade mark is available for use and registration and does not infringe on someone else’s existing rights.
This is one of the most important aspects when considering trade marking your brand and should be done at the earliest opportunity. Not doing things the right way could have devastating consequences for your business.
You don’t want to waste time, money, and resources creating and attempting to register a trade mark that is already being used by another company who will inevitably block you from using it yourself. Nothing is more frustrating than having your trade mark blocked and losing the ability to use the name or sign you thought you owned, and you now have to re-brand.
2. Choosing your trade mark class
Trade marks are categorised into different classes based on the type of goods or services they will be used to identify. You’ll need to determine which class or classes are relevant to your products or services. This is to determine in what context your trademark is protected.
Choosing the wrong class or having too broad of a scope could mean your application is open to unnecessary third-party oppositions and other risks. While not covering all the specific classes your trade mark falls under, also means you could end up limiting its protection. The balance has to be right. At IPTogether we have a wealth of experience in submitting successful trade mark applications across the world and ensure that there are no gaps left in your protection.
3. Completing the trade mark application
Once a thorough search has been conducted and your trademark class has been chosen, you can then begin your application process. In most countries you will need a registered Trade Mark Attorney to prosecute the application. IPTogether works with expert trade mark professionals globally and is well placed to ensure a smooth application process.
4. Submitting Your Application
This will usually be done for you by the Attorney. There will be an Attorney fee to pay in addition to official registry fees. The total fee amount will vary depending on the country and the number of classes you’re applying for.
5. Examining your application
After the application has been submitted, it will be examined by the trade mark office to ensure that it meets all the requirements for registration. This process can take several months, country by country, and depending on the complexity of the issues raised by the Examiner.
6. Publication and opposition
Once your application meets all the requirements, it will then be published by the country’s trade mark office. In the UK, this would be published in the Trade Marks Journal by the Intellectual Property Office. This is to allow third parties the opportunity to oppose the registration if they believe that it may be infringing upon their own freedom to use the name, logo, or design themselves.
One famous case from several years ago was that of Kylie Jenner, who went to battle with none other than Kylie Minogue over the trade marking of the name Kylie. They later came to a settlement but situations like these are when expert legal representation becomes indispensable and ensures that disputes are dealt with swiftly should they arise.
7. Registering your trade mark
This is the final step of the process. If no one opposes your registration or if the opposition is successfully overcome, your mark will now be registered. You will now have exclusive rights to use your trademark and ensure that you can initiate legal proceedings if someone tries to use it without your permission.
What are the next steps?
If you are looking to trade mark your brand or insignia to ensure its success both now and in the future, then the first step is speaking to an expert trade mark lawyer. We offer an initial call with one of our team of experienced lawyers absolutely free so that we can better understand your business goals and the nature of your trade mark. It really is that easy.
Find out more about our recent case study where we secured global trade mark protection for an innovative tech product.
When using the services of a trade mark expert, you need to ensure they understand the nature of your business, the proposed mark, and the countries of interest to you to ensure a successful application. At IPTogether, our team takes the time to fully understand you and your business and put in place a solid strategy that best suits your needs.
So, if you are looking to protect your brand and business signs, then get in touch or call + 44 (0)330 1339847. We offer comprehensive legal expertise that will guide you through the entire trade mark process, ensuring that your business is fully protected both now and in the future.
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