When, and why, should I get a trade mark protected?

Hello!

Things have been a bit quiet over here on the blog. It’s been a hectic few months with lots of lovely new clients joining us, as well as a holiday, a birthday and the initial stages of a house move, busy busy!

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Inspired by this overwhelming busy-ness, it got me thinking about how hard it is to know what to do first when you’re setting up a new venture; and I’m the first to admit that getting your trade mark protected isn’t quite top of the list in terms of exciting things to do (like actually launching a product, getting your website done etc).

So when should you look at getting trade mark protection?

The answer is as soon as possible.

Why bother?

Having a trade mark registered gives you the presumed right to use the name to trade under. You don’t get that from your domain name, your logo or your article in the local magazine.

It also gives you the right to stop others from using the same, or a confusingly similar, name for the same business. This bit is important if you think you might be susceptible to those “inspired competitors” trying to encroach and pinch your brand.

But it seems like a lot of money to spend.

The costs are modest for a UK trade mark, and trade mark rights last for 10 years. Think of it as insurance for your brand name. It will be less than you spend on marketing, or website development, or even branded stationery over the same period.

I haven’t had any issues yet and I launched ages ago.

If you’ve been trading for a while, you’re not too late – it’s always a good idea to get trade mark protection no matter how long you have been trading. Trading for a while will have given you some reputation rights, but in practice these are hard to enforce, expensive to enforce, and likely to be limited to the geographical area you’ve got the reputation in.

You would say that, you’re a trade mark attorney.

I appreciate that this advice will seem biased. But bear in mind I’m not insisting you use a trade mark attorney to help you protect it – although there are lots of good reasons why you should here – seeing businesses adequately protect their brands will always make me happy, even if I haven’t helped them directly.

So, go forth and register your trade marks. And if you need some help, give me a shout!