How to Protect Your Business’ Brand Name

As a business owner, your brand name is one of your most valuable assets. It is the face of your business, representing your products, services, and reputation. Protecting this is crucial for your long-term success and growth. This article will guide you through the essential steps to safeguard your business’ brand name.

Understanding Brand Name Protection

Your brand is not just the name of your business. It encompasses logos, slogans, and any distinctive elements that identify your products or services. Protecting these elements ensures that your brand remains uniquely yours. It prevents others from capitalising on your hard-earned reputation.

Conduct a Thorough Search

Before you invest in your brand, it is essential to ensure it is available for use. Start with a basic online search, including social media platforms and domain registrars. Then, conduct a more thorough search using the UK Intellectual Property Office’s (IPO) trade mark database. For complex searches or added peace of mind, consider seeking advice from a trade mark lawyer.

Register Your Trade Mark

Registering your trade mark with the IPO is the most robust way to protect your brand name. Here’s an overview of the process:

1. prepare your application, including your brand name and the goods or services it covers;
2. submit your application online via the IPO website;
3. wait for the examination process (usually 2 to 4 weeks); then
4. if accepted, your mark will be published for two months, allowing for any oppositions; or
5. if no oppositions are filed, your trade mark will be registered; then
6. the basic cost for online registration starts at £170, with additional charges for multiple classes.

Choose the Right Classes

Trade marks are registered in specific classes (categories) of goods and services. There are 45 classes in total, and you will need to select the ones that apply to your business. Carefully consider not just your current offerings, but also any potential future expansions. However, be cautious about over-claiming. This is because non-use in a class for five years can leave your mark vulnerable to cancellation in that class.

Monitor and Enforce Your Trade Mark

Registration is just the beginning. Regularly monitor for potential infringements using tools like Google Alerts or professional monitoring services. If you discover an infringement, take action promptly. This may involve sending a cease-and-desist letter or, in more serious cases, taking legal action.

Protect Your Brand Online

Secure relevant domain names, including common misspellings. Register your brand name as usernames on major social media platforms, even if you do not plan to use them immediately. If someone is cybersquatting on a domain featuring your trade mark, you may be able to reclaim it through dispute resolution procedures.

Consider International Protection

If you are planning to expand internationally, consider broader protection. The Madrid Protocol enables you to file a single application to protect your mark in multiple countries simultaneously. 

Common Mistakes to Avoid

1. Waiting too long to register: Start the process as soon as possible to prevent others from claiming your brand and beating you to the register.
2. Choosing a descriptive or generic name: These are difficult to protect. Consider opting for distinctive names to ensure your marks have the best chances of being registrable.
3. Neglecting to monitor and enforce: Regular vigilance is crucial to maintaining your brand’s integrity and preventing the dilution of your brand or harm to its reputation. 

When to Seek Legal Advice

While the trade mark application process can be tough to navigate independently at the best of times, there are instances when professional legal advice is especially valuable:

1. if your application faces opposition;
2. when dealing with complex infringement issues; and
3. if you are expanding internationally and need to navigate foreign trade mark laws.

Key Takeaways

Protecting your business brand name is a crucial investment in your company’s future. By following these steps – conducting thorough searches, registering your trade mark, choosing appropriate classes, monitoring for infringement, and considering international protection – you’ll be well on your way to securing this valuable asset. Remember, your brand is more than just a name; it’s the essence of your business identity. Protect it wisely, and it will serve as a strong foundation for your business growth and success.

If you need help or advice protecting your business brand name, our experienced intellectual property lawyers can assist you 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

How long does my trade mark registration last in the UK?

In the UK, a registered trade mark can last indefinitely, provided it is renewed every 10 years. The renewal process is straightforward and can be done online through the Intellectual Property Office website. It is essential to note that your trademark can be challenged if it is not used continuously for a period of 5 years in relation to the goods or services for which it is registered.

Can I use the ™ symbol without registering my trade mark?

Yes, you can use the ™ symbol with your brand name or logo without registering it. This symbol indicates that you are claiming the mark as a trade mark, but it doesn’t provide any legal protection. Only after your trade mark is officially registered can you use the ® symbol, which denotes a registered trade mark and carries legal weight.

What’s the difference between a trade mark and copyright?

While both are forms of intellectual property protection, they serve different purposes. A trade mark protects brand names, logos, and slogans used to identify goods or services. Copyright, on the other hand, protects original creative works such as writing, music, and art.