How to Protect your brand - don't be forced to rebrand

How to Protect your brand - don't be forced to rebrand from Trademark Tribe

By: Trademark Tribe  31/01/2013
Keywords: intellectual property, brand protection, Register Trademark

By creating a brand name, slogan or logo for your goods or services you create something that is distinctive and unique in the marketplace. When people see or hear about a brand, they remember the goods or services associated with it. With many companies offering similar goods and services it is your brand that is your competitive advantage. Many businesses assume that registering a company or domain name gives them protection for that name. Though logical, this isn’t always the case. Your brand is only protected and defended if it is registered as a trademark. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered trademark the exclusive right to use that mark. Dale Campbell, Director at TradeMark Tribe says “without a registered trade mark your business is at risk.” Think about how devastating it can be when a competitor uses your name and takes all your customers with them. It is really sad and can be financially devastating when a company has spent three or four years building up its brand only for another company to come along and copy its name. Without a registered trademark to establish ownership the only options available are either an expensive high court passing off action or to rebrand. Research shows that 85% of companies that register their business name at Companies House do not protect their name with a trademark registration. A client who we cannot name as they have no name, has recently approached Trademark Tribe after the third name change. They have lost ownership of their brand to others copying their name. In today’s internet age, it is so easy to buy a domain name and set up a website. Customers can become confused and may place orders on the newer company’s website. For our client it has become impossible for them to stop others using their brand, so they have decided to rebrand and securing it this time by getting a trademark registration. Before this rebranding exercise, their initial thoughts regarding trademark registration was that it is too complicated and too expensive for a small business. We agree that the trademark application can be complicated and not every name can gain trademark protection. We do not agree that a trademark application is expensive. The costs of a trademark registration are much lower than the costs of rebranding and the loss of customers. Don’t forget that these reactive costs can run into thousands as some customers may never come back, the damage caused to a company’s reputation by changing its name and customers simply not realising that it’s the same business but just a different name.

Keywords: brand protection, Cease And Desist, intellectual property, protect my brand name, protect my business name, Register Trademark,

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How to register a trademark

Once you have selected a name or logo for your business, you will want to make sure that no one else uses it. This can be done by securing the trademark rights to it.