Businesses often do not realise how important Trademarks are to the business until they are lost or threatened. Once you start a new business, build a brand identity or launch a new product you are creating Intellectual Property (IP).
With the Internet it is easy for someone to lift your Trademark, part of your IP, and take advantage of your hard work. Even worse they could provide bad services whilst pretending to be you.
Trademarks can be registered. Every small business should consider this to bullet proof their brand and protect their ideas.
What is a Trademark?
A sign that can be graphically represented and distinguish the good or services of your business from those of other businesses. It must be distinctive not descriptive.
Why you should Register a Trademark
Without registration the only remedy a business has against someone using their trademark is the common law action for Passing Off. That will be expensive and require you satisfying a lot of requirements. Registration will enable your Business to take action should anyone use your trademark or anything similar.
It will protect your Business against accidentally infringing the IP rights of another business. You can avoid a claim from another business and wasted expenses.
It is necessary if you want to Licence or Franchise your business. If someone is paying you money to use your Brand they want to be sure it is yours to sell.
A Trademark is a business asset and as your business develops it could become worth a considerable sum.
What is involved?
You decide what Trademarks you want to register.
You work out what classes you want to register.
We do searches to see what competition could be out there.
We submit an application and deal with queries raised.
We can also advise on the necessary steps to take to protect your work from being used in an unauthorised manner.
Business wanted to franchise but found buyers hard to find as could not prove the Logo and Branding was theirs to sell.
We arranged the registration of the Trademark.
Small business found itself in difficulty when a similar business set up in the same city with slight variance in the name and logo. Customers assumed it was them. This business offered poor service but the original business got all the complaints.
Potential court action would have been very expensive and the original company were struggling to find a solution. Any action limited by reduced income following damage to reputation of the business.
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