1.
Should you register your brand?
If your brand is distinctive enough you can register it as a trade mark. There are loads of
benefits. It acts as a deterrent to others against unfair competition. It could make your business
more investable. It gives you exclusivity – subject to some exceptions no-one else can use it.
Most importantly, it adds value to your business and you can sell, finance, franchise or licence it.
2.
Choose a distinctive brand
This makes it capable of being registered and even if it isn’t registered, if it is distinctive enough
and you have built up goodwill in your brand, you can prevent people from passing off your
brand as their own.
3.
Make sure you can use it
Do clearance checks at the outset. You don’t want to invest time and money in building a brand
to find someone else is already using it and you have to change. You can check for already
registered trade marks, carry out searches – either yourself or professionally – for unregistered
brands. You can also check at Companies House whether someone has registered a company
name which is similar to your brand.
4.
Registering your brand
You need to think about where you want to use your brand in the future and take steps to
protect it by registration in those locations, if necessary. The cost of a UK or EU application is
relatively inexpensive but it is advisable to get advice on your brand and its qualities at the
outset because there are pitfalls for the unwary which can result in additional costs.
5.
Maintaining your brand
Trade mark registration in the UK (and many other jurisdictions) can last indefinitely subject to
renewal every 10 years provided the marks are in use Once it is registered you can use the ®
symbol in all your marketing and promotional material s to identify that your mark is registered
6.
Beware market dominance!
If you brand becomes hugely successful be careful of it becoming generic in respect of the
goods for which it is registered because it will no longer be distinctive.
7.
Internet and Social Media
Register all relevant domain names as soon as possible and keep it to one domain per brand.
Set up your facebook, twitter, linked in accounts too, even if they are inactive whilst you get
going.
8.
Monitor Third Party Use and registration
Make regular checks for brands similar to yours. You can check the trade mark register, set up
Google alerts and carry out your own web searches. A professional watching service for third
party applications is advisable.
9.
Get advice
We offer a one stop shop from initial discussions about your brand identity, carrying out
clearance checks through to registering your trade mark together with trade mark watching
services. We can also help you fight your corner if someone tries to hijack or copy your brand.
Contact
Simon Barker, Freeth Cartwright LLP
0845 6342583 - simon.barker@freethcartwright.co.uk