How to Choose a Trade Mark That Can Grow With My Business?

As a business owner, you will need to evaluate what type of mark is effective for your long-term company strategy. A good trade mark will grow with your business and increase in value over time. In this article, we will discuss how to choose a trade mark with longevity and why this is important for your business and meeting your objectives.

Trade Marks and Your Business Growth

Trade marks can be handy tools for business owners and can assist in different aspects of advertising and marketing. Generally, you would use trade marks as a form of brand identity, therefore differentiating your business from competitors. Consequently, your trade mark must reflect your business, whether you specialise in goods or services. It is a necessary condition of registration with the Intellectual Property Office that your trade mark must be distinctive. This means it must be unique among your areas of trade.

As your business grows, your trade mark should be capable of developing alongside it. Trade mark registration lasts for an initial period of 10 years, where you can then choose to renew the registration. Therefore, you must be aware that over the initial 10-year period, your business will grow, change, and develop. As such, your trade mark should be capable of representing your brand in the same way 10 years later.

The most common type of trade marks are:

• logos;
• slogans;
• symbols;
• colours; and
• words.

You are encouraged to be creative with your trade mark design to meet the criteria of being distinct and avoid similar marks from competitors. The more creative, distinctive and unique your registered trade mark is, the more memorable it will be for consumers. As a result, the greater chance it has to increase trade for your business.

Choose the Correct Classifications for Your Trade Mark

A trade mark is a valuable asset for your company as it highlights your brand’s product among the competitors in your industry. Therefore, when choosing a registered trade mark that can grow with your business, you should evaluate your long-term vision. You should decide what:

• goods or services you are offering now;
• types of expansion you are considering for the future in terms of your goods or services offering;
• your business will look like in two, five, and ten years; and
• geographical locations you are trading in now and intend to trade in the future.

The reason this is so important is in relation to trade mark classifications. When applying to register your trade mark with the Intellectual Property Office, you have the choice of registering it in one or multiple trade mark classes.

A class is a group of different areas of trade. As such, when you register your trade mark under a class, it prevents another business from registering the same or a similar trade mark under that class at a later date. Therefore, it provides you with a monopoly over those areas of trade for using your trade mark.

You also have the choice to register your mark in classes you intend to expand your business into in the future. You must be careful not to register in too many classes that you have not yet developed into. If you do not trade within these industries within five years, your trade mark could be challenged and ultimately revoked for non-use.

Expanding Beyond England

If you intend to expand your business internationally, you should also consider the potential of registering your trade mark abroad. You will need to apply separately to register your mark in different regions, such as the European Union or the United States. It is important to note when designing your trade mark that you need to consider which marks are already registered abroad. That way, you can avoid unintentionally infringing on another business’ intellectual property rights.

To register your trade mark internationally, you will need to apply to the World Intellectual Property Office. One popular system is the Madrid Protocol which allows one application. If successful, your trade mark will be registered in a number of different areas.

Key Takeaways

If you are considering an application to register your trade mark in the UK, you should choose a mark that can grow with your business. To do this successfully, you should keep in mind your future business strategy, as trade mark registration lasts for 10 years at a minimum. To maximise the potential for your mark, you should choose something capable of reflecting your brand and its offering on a long-term basis.

If you need help or advice around registering your trade mark, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions