stop-making-excusesThere is a  simple answer to the question Why You Should Trade Mark Your Business Name Now? If you delay doing so, someone else can and quite likely will register one similar enough to yours that could block your application. The article below explains the risks involved.

The UK has a first to file trade mark system

It often gets overlooked that the UK operates a ‘first to file’ trade mark registration system. This means that the highly desired prize that you are seeking, namely a monopoly over the trade mark, goes to the person that applies first. The monopoly right is anchored to the application date rather than date of registration. This second point means that even though the process may take four or more months to complete, your right begins the day you apply, assuming successful registration later on. Even a pending trade mark application can be used as ground of opposition to another business’s application, if they applied after you.

One of the greatest assets of any brand is it’s IP. Working with Rachael is a joy – her professional insight, experience and clear (no jargon) communication enables you to make informed decisions about how and where you protect your brand. Whatever stage of business/brand development you are currently at, I’d recommend speaking with Rachael, to find out what you can protect and the best ways to achieve a robust solution, that’s fit for purpose.

Andy Boothman, Dress Code Shirts

With this in mind it is surprising that so many business owners decide to defer the timing of their application to some point in the future, given the very real risk that the prize might be taken by someone else in the meantime. This is especially so when thousands of pounds may have already been invested into the creation of a smart brand for your business. Lovely websites, and cool branding designs do not come cheap and this investment is not secure without the cover of a properly registered trade mark. If your trade mark is not registered you might have to share it or lose it completely to another business because they have better rights to it than you do.

Typical excuses for putting it off include “I am waiting until I have more funding/ investment” or “I don’t need to do it until my brand is more well known”, or perhaps, “no one will want to copy me anyway”. Unfortunately, by the time you return to it weeks or months later, the opportunity may have gone.

If you would like us to get your trade mark registered as stress free and painlessly as possible then please call us on 01284 619000 or Click Here To Make An Online Enquiry and we will be glad to help you.

Wisdom from an entrepreneur that has been there and done it

For a lesson on how to approach this task, look to the way an experienced brand led business goes about it. The experienced entrepreneur understands how competitive it is out there so they get their trade mark position sorted out before product launch and before large sums are spent on marketing collateral, not the other way around.

To quote the well known entrepreneur and ex Dragon’s Den candidate Shaun Pulfrey, founder of Tangle Teezer, “register as much as possible as soon as possible”.

It genuinely saddens me to see business owners that approach us for help only to sabotage their chances through unnecessary delay, having told themselves that the risk is very low. Some five to six times a year we directly witness major problems arising from deferred applications. The fact is that the risk is not that low at all.

Why is it so risky to defer your trade mark applications?

Two reasons, firstly many names chosen by business owners contain popular themes or concepts for their industry. It is perfectly normal and reasonable to try to capture elements of sustainability, nature, purity, ethics and so forth. The truth is that different people frequently come up with the same or similar ideas.

The second reason is that the name chosen by someone else applying to register before you does not have to be identical to be a problem. Similarity is enough. Say you choose a two word name and the strongest word clashes with another business that has it registered on its own or with a different second word, your application is likely to fail.

Rachael and Bill Ward of Ward Trade Marks

Rachael and Bill Ward of Ward Trade Marks

The simple conclusion is that if you have decided that you should register you need to do so now; you need to get on it with a degree of urgency.

If you would like us to get your trade mark registered as stress free and painlessly as possible then please call us on 01284 619000 or Click Here To Make An Online Enquiry and we will be glad to help you.

Free Guide: Everything A Business Owner Needs To Know About Trade Marks

The guide will explain to you in detail the essentials of trade mark protection including:-

  • Choosing a distinctive brand name – why a good choice will resonate with your customers and reduce your advertising and marketing spend.
  • The importance of avoiding the descriptive/ generic trade mark trap.
  • The importance of pre-filing searches – done the correct way – to avoid future legal action against you and the risk of having to rebrand.
  • Strategy on when to time your application.
  • Realising the value of your trade mark – why your trade mark is considered an asset on your balance sheet.
  • The importance of maintaining and enforcing your registered trade mark rights once your mark is registered.

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Make An Enquiry

Working with a Chartered Trade Mark Attorney ensures that your trade mark application is accurate and meets the interests of your business. It also means you can hand over all the hard work to a professional, leaving you free to focus on the running of your venture.

To make a no obligation enquiry, please either call us on 01284 619000 or Click Here To Make An Online Enquiry and we will be delighted to help you.

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