7 simple steps to protect your brand with Trade Mark Registration

You have invested hours in promoting your business, setting up your website, winning clients and building up a name for yourself. But have you protected your name? If not, then you might like to consider a trade mark registration. The last thing you need is a new company coming along, stealing your name and riding off all the goodwill you've built up.

By having a trade mark registration, you have all the evidence you need to stop them from using your name. Without one, you enter the realms of ‘passing off’, which would involve a costly court case.

So, if your name or logo is important (and for most businesses, it usually is), then a trade mark registration is your best protection.

It’s a straightforward process, allowing you to protect your brand (whether it's a name, logo, or both) and prevent others from using the same or similar names for the same type of services/goods.

There are a few steps you need to take first before filing your trade mark application at the Intellectual Property Office. Let me explain…

Step 1: Do a quick Google search – is there anyone out there already using your name?

Step 2: Consider what class of goods/services you want your name to be protected under. The IPO has some helpful hints for deciding on the right classifications.

Step 3: Check the trade mark registers at the IPO to see if there is already a trade mark registration for the same or a similar name or mark in the same class of goods/services.

Step 4: Consider how you wish to register your mark. Do you want to protect the company name? Or a logo? Do you want just one trade mark for the name and logo together, or do you want to widen your protection by having two registrations for the company name and logo separately?

Step 5: Complete your online trade mark application and pay your fee to the IPO.

Step 6: Sit back and wait for the IPO to examine your mark, allowing time for appeals and concerns to be raised. If your trade mark is approved, then you will receive your trade mark certificate.

Step 7: Start using that registered ® symbol and keep your eyes peeled for anyone encroaching on your brand. Setting up Google alerts for your brand name can be a good way to keep tabs on this. You may also wish to conduct regular reverse image searches on your logo, if that's trademarked.

Aubergine is here to help you with any or all of these steps.

We offer a Trade Mark Report Service advising on the registrability of the mark and checking the Intellectual Property Office’s registers to see if anyone else has the same or a similar mark. This service includes a findings report with guidance on which class of goods/services you should register your mark in, the best way to protect your name and/or logo, and tactics for dealing with any earlier rights owners.  I also offer a Trade Mark Registration Service which encompasses preparing and submitting the application to the IPO, dealing with all the correspondence from the Trade Mark Examiner, dealing with any enquiries and guiding you through the registration process right through to the issuance of the trade mark certificate. Do get in touch to learn more about trade mark services.