Trademark registration has numerous advantages that should not be disregarded. If you’re starting a limited company, trademarking can help you to protect your brand and name, giving you peace of mind when it comes to moving forward as a business. Given that there is a whole list of benefits to trademarking, it’s worth taking the time to think about whether trademarking your company is a good option for your business. A trade mark is a sign that identifies a business.
Protecting your business may be more effective if you register a trademark. This can protect you against potential people using your business name and or the names of your products. You’ll have more control over your business, which means you’ll be able to sell it or licence it if you choose. If someone uses your trademarked products without your consent, you may be entitled to sue them. You may also use the ® sign next to the registered trademark name to signal that you have the trademark and to prohibit other people from using it.
It is important to emphasise that receiving legal guidance from an expert is essential if you want to be completely certain that you can trademark your company.
When a corporation or trademark owner registers a trademark, they have exclusive rights to use the name nationally in connection with the items and services for which the trademark was registered. This deters rivals from using the name or inventing similar-sounding names to deceive customers, and it provides you with a legal defence.
Unregistered Trademarks
You may be permitted to use an unregistered trademark if you haven’t established your business brand, product name or business brand. It is important to keep in mind that this does not provide the same level of security as a registered company, so you may have trouble establishing that the items belong to you if you wind yourself in a legal issue. Unregistered trademarks are frequently seen next to the name of the business with the ‘TM’ sign, but you should seek expert legal guidance before using this sign, especially if you’re concerned about the legalities and implications around it.
In order to be effective when using an unregistered trademark, you’ll almost certainly need to prove that the mark belongs to you. As previously said, showcasing this might be difficult, which is why it is very common for most firms to opt into filing a trademark instead.
Does your business need a trademark?
The use of a business name immediately grants some trademark protection, but only if the company can prove that it was the first business in the industry to use this name, also called a class. In most cases, these common-law restrictions only apply to the specific geographic region where the name is being used. Additionally, only if a company has registered a trademark may it file a federal trademark infringement lawsuit if someone steals or misuses a business name.
When registering a trademark it gives the owner unique rights to use the trademark in connection with the class of products or services for which it was registered, as well as establishing who owns the business.
Consider existing trademarks
After spending a lot of time finding the perfect trademark, it can be a shock to discover that your proposed trademark meets all of the criteria but has already been registered by someone else or by an existing business. It is important to use the IPO’s free database to conduct a UK trade mark search to see if a similar trade mark to your brand currently exists with the same or similar products and services, and if so, who holds the rights to that trade mark. Business individuals can write to the owner of an existing trade mark and request approval to register their own trademark.
We urge that you search not only for the identical name but also for variants and similar names since any existing resemblance will almost certainly result in your application being rejected. “Hotdog Transport Rental” and “Hotdog Transport Finance,” for example, are similar names that may not appear in the same search yet may result in an application denial.
What can trademarks do for your business?
A registered trademark is exclusive to a singular business. The business owner can use the same trademark for many other items that fall under the correct classes. The owner also has exclusive control of the trademark and can prohibit anyone from using it in the class in which it is registered. It also gives the owner the ability to sue anybody who infringes on his or her property without permission. Trademarks signify a product or service’s reputation and quality. Customers in the market gain confidence and awareness when deciding what business to use if you have a registered trademark. It also helps you build a loyal and long-term customer base who will continuously choose your trademarked business over others.
Trademark registration provides tangible confirmation of the value and quality of your product or service. This is due to the fact that buyers identify a service or product’s quality with its trademark. Furthermore, this awareness benefits in acquiring new clients who mistakenly discern the quality of the goods or service based on its logo.
Trademark Classes
So you’ve decided it’s time to use your business name trademark for more than one type of goods and or service you may need to register your trademark in multiple different classes. On the basis that the business name is available in a different class additional fees per class registered will be required. A good example would be the brand “Apple”. Apple manufactures and supplies mobile phones and electronics globally, for example, if a company with the word “Apple” in the name was producing alcoholic drinks they would be within their right to use this name as it falls under a different “class”. Keep in mind that a trademark registration only protects your name in the class in which it was filed. Others may continue to use your name for goods or services that fit into different classes.
