Why You Need to Protect Your Logo and Your Business Name

You don’t have to register your trademark to use it, which explains why this is not a priority for many businesses but it probably should be.  When you have put your heart and soul into growing your business and reputation  – the last thing you want is for someone else to cash in on your success or even damage your reputation.

This is exactly what could happen if you haven’t obtained the exclusive rights to your own intellectual property (IP) or trademarks.

Think about situations like:                                               

X  If another business starts using your name

X If this starts to affect the reputation of your brand and you start losing your customers

X Someone else registers your trademark as their own

If you have not properly protected your IP or trademarks – your only protection is through making a claim of ‘passing off’ in court, which can be a difficult and very costly process.

The converse is also true: we’ve seen clients inadvertently come up with a design that steps on someone else’s toes and receive threatening letters forcing them to start all over again.  This could wipe out any goodwill you’ve generated and be costly to have to reprint business cards and any marketing materials created, change the website, buy a new domain name and you may even have to suspend trading.

The cost of trademark registration is like a small price to pay compared to the amount you could have to spend on rebranding your entire business.

The business world is full of risk but there are a number of ways to increase the security and protection of your brand, ideas and product.  These include doing your research and registering for what protects you can. 

Registration of your trademarks protects both your intellectual property (IP) and your brand.

Protecting your trademark by registration means nobody but you can use your logo and tagline without permission. What does this protection mean to you?

• you can focus on growing the value of your ideas and your brand and
• Its more than just a logo – your  trademarks sell your products and services
• You can build a ‘business in a box’ and franchise your IP and business for more income
• if you come to sell your company, this will form a vital part of what your buyer is expecting to purchase

So what could your trademark consist of:

• Logo designs
• Symbols
• Slogans
• Words
• Phrases

Upon registration, you gain exclusive rights to these trademarks.

This means people have to ask for your permission to use your trademarks, as you hold the legal rights to them. If someone were to abuse these rights and use your trademarks without permission, they would be committing an infringement and you would be able to take legal action against them without having to prove anything further.

There are significant business benefits to protecting your assets through trademarks:

• They represent your organisation and reputation
• Consumers see you as a legitimate and well-established brand
• Investors, banks and building societies view your business as a more appealing investment opportunity
• Your brand distinguishes your products and services from those of your competitors
• They become your most valuable assets

When: It is crucial to remember that the registration of your trademark has to be renewed every ten years.

Where: you should consider the ‘territory’ and maybe add to your registrations as your business grows, starting in the UK and going global.

What: we can guide you on the different classes that may apply to your business, inform you of similar marks which are already registered and advise you on the best way to proceed to ensure the best outcome for you, your brand and your business.

Also, if someone were to take legal action against you, you should ensure that you have your Certificate of Registrar at hand to prove your legal right to the registered trademark.

We think it’s a good idea to have a legal team on your side who can deal with the legalities behind trademarks, so your attention can be placed solely on growing and developing your business.

So what can you do if someone steps on your trademark?

 If the situation arises where someone infringes your intellectual property such as your brand characteristics, having the legal documents to prove your trademark rights is the best way to overcome potential battles of ownership.

In this scenario, sending a legal cease and desist letter is recommended, including:

• A description of the rights you have obtained
• An explanation of how the person or organisation is violating your rights
• A request that the party stop the infringement within a certain period of time
• A demand that the party provides proof of having ceased use of your trademark
• A statement that a failure to respond will result in legal action

If you are dealing with these issues in your business, need help with trademarks or you are looking to protect your business or if you want to:

• Protect your business
• Build value to your ideas
• Build a strong brand
• Ensure your business is   protected
• Avoid facing legal action or
• Take legal action if necessary