Most small businesses think about registering a Trademark. Many look into it and then as with many legal matters push it to one side for another day.
However why put all that effort into building your business, listening to all that advice on building your brand- then risk someone coming along taking your ideas, branding and reap the benefits.
Worse still they can take your branding in a way that your clients assume it is you. They are then given a poor service for which you then are blamed.
Registered Trademarks are not just for the large business. A small local business can be devastated by someone pretending to be them. With no trademark registration your only action would be to take an action for Passing Off . This is difficult, time consuming and expensive.
Registration is essential if you want to franchise or licence your business. Any person paying you money would expect to have the security of knowing that Brand was yours to sell .
If you do not register your Trademark you should be aware someone else might. Some will even research your business then apply to register your Trademark. They can then commence legal proceedings against you for using their Trademark and perhaps offer to sell it to you. Obviously they would be looking to make a profit from this.
What is a Trademark?
Registering a Trademark is more than just protecting your name and logo.
A Trademark is ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’. This can be ‘words, (including personal names) designs, letters, numerals or the shape of goods or their packaging’
A Trademark is an asset of your business and if your business is successful it will acquire a monetary value of its own.
A Trademark must be distinctive and thereby unique. It must distinguish your goods or services from other companies offering similar goods and services. It must not describe the products or services.
There are various hoops to jump through and is best taken a step at a time. If you want any help in registering your Trademark please contact us at firstname.lastname@example.org