Reasons You Need to Register Your Trade Mark

If your business uses any branding or logos, you may already have a trade mark. By registering your trade mark with the Intellectual Property Office (IPO), you can ensure your business maintains exclusive rights over mark’s usage. If you do not register your proposed trade mark, you may not be able to prevent a competitor from using it. This article will consider the key reasons why you need to register your trade mark.

Brand Identity 

A trade mark is often the most noticeable thing about a business. Often, when we think of a household name, the first thing we think of is their branding, such as with the following business:

• Nike;
• McDonalds;
• Apple;
• BT; or 
• Microsoft. 

When you think of these companies, their trade marks are easy to visualise. Often, logos are the most striking thing about a business; it is how we come to visualise a brand. That said, a trade mark is not just confined to business logos. They also include:

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

Trade marks are well known to be business identifiers that can assist in expanding your business into different areas both geographically and industrially. For example, symbols and logos are universal and can easily cross language barriers. These types of trade marks are therefore highly successful at increasing brand awareness across multiple jurisdictions. They can consequently benefit your business if you seek to expand into other countries and gain a stronger reputation.

Trade Marks and USPs

Business often distinguish themselves from their competitors by advertising a unique selling point (USP). In many cases, the USP is contained in a trade mark. Further, you can hold multiple trade marks and could therefore have a logo, slogan and symbol all protected under registration to strengthen the protection of your message. If your business has particular values such as ethical standards or practices, trade marks can be very useful in portraying this message.

Trade Mark Essentials

LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.

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Providing Exclusivity

The law can grant a business exclusive rights over the trade mark. This means that the trade mark owner (your business) can prevent everyone else from using your trade mark without consent. 

If you are building a brand, you will need anything associated with your branding to be exclusive to your business so that consumers are not confused between your business and a competitor. One of the requirements of a registered trade mark is that it must be unique in your area(s) of trade. This is to avoid consumer confusion but also hugely benefits your business as you can create something original that stands out from the crowd.

Once you have obtained a registered trade mark, you possess legal rights to challenge anyone who uses your mark without your consent. 

Intellectual Property Asset

Despite being intangible, intellectual property is still property and therefore an important asset of any business. Often, intellectual property is the most valuable asset in a business’ portfolio as it is the power behind the brand. Consumers are drawn to familiar brands and have strong reputations in their areas of industry. As a result, when a company decides to sell, it is often their branding tools, and therefore intellectual property rights, which draw the biggest price point. 

Trade marks form a key feature of many businesses’ intellectual property portfolios. Registering the trade mark will enhance its value because you can later sell the trade mark onwards as part of a business sale.

Key Takeaways

There are several reasons you may need to register your trademark. Trade marks can be highly valuable, especially if they are protected through registration. Trade marks can be used as a method of identifying your business and also as a means of portraying important messages to your consumers. They also aid in building trust among consumers and a strong reputation in your market area. Finally, trade marks provide an exclusive right and are an important business asset. They can have their own financial value, often exceeding other areas of your business.

If you need help or advice around trade mark registration, 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