Nine reasons to register your trade mark now

We look at the advantages of registering your trademark in the early days of the digital age.

While chasing the thrill of creating an innovative product, business or service, companies often do not take the time to protect the essential elements of their brand which leaves them open for other parties to copy and utilize for their own gain.

Although there isn’t a perfect or right time to seek protection for your mark or marks, according to our experience, earlier is more effective.

When you or your team of creatives, have come up with an idea for a identity or name, research are required to determine whether the trademark is available for registration and use with respect to the specific products or services.

This will provide an evidence of whether the brand you’ve selected could be challenged by third party.

If all goes well all is well, a request for a trade mark must be filed as quickly as is possible, even if the launch of the business or product isn’t imminent.

Here are nine reasons:

1. It’s simpler to fight copies of

A trademark registration grants an even stronger legal right to assert against third parties rather than relying upon other rights not registered like copyright and passing off. This is due to the fact that there is a precise date when protection began and the protection’s scope is defined in the specifications.

2. It reduces the chance of being harmed.

Although the results of any EU trade mark search conducted may indicate that the danger of the registration and use of the trademark is not too high This could quickly change when applications are constantly being filed.

In the period between filing and searching the application, it’s possible that a third party could file a request to register the same or similar trademark for similar goods or services that would prevent the registration and use of your trademark. To reduce the chance for this to happen it is recommended to make your application as quickly as you can following the results of your search.

3. It can help you save money.

Sometimes , trade mark registrations may fail due to opposition from third parties. If the objection is successful, you could have to change your brand and this is not as painful should you be in the beginning stages of marketing your products or service – as in comparison to the cost in the event that you are further down the road or even to the point of launching your service or product for sale to the general public.

Also, you can reduce the possibility of infringement in the event that the issues are brought to light prior to your trade mark being using.

4. It will add value to your company.

Trade mark registrations are considered intangible assets that are considered when valuing businesses. If you’re selling or transferring your business, you must be prudent to have the proper registrations that are in place for the entire life of your business or product.

5. It grants you the ‘takedown ability

The registration of a trade mark can also provide more protection against infringements through online selling platforms like Amazon as well as social media sites like Facebook or Instagram. On these platforms the registered trade mark gives you the right to ask for “takedowns” and is a prerequisite to be able to access Amazon’s brand registry online.

6. International protection

After you’ve submitted an application with the UK Any subsequent filings that you file in different jurisdictions with the same trademark in the period of six months following the UK application date known as the “priority period” will be protected due to the fact that it is retroactive to the UK file date. You can benefit from the “priority period” by filing international trade mark applications within the period of six months after the UK file date.

7. You get priority

When you file your first application prior to launching your service or product you minimize the possibility of a third party submitting prior-emptive filings to register your trademark, or similar marks, which make them the first to file and permit them to benefit from your success in the future and stop your registration and use of the mark in your home country and overseas.

8. Someone else could be able to successfully get your mark registered

However, if you introduce your product or service and it’s an instant success, however you’ve not taken steps to protect your trademark it is possible that other parties have registered it and there’s little you could do to obtain it back legally viewpoint. It could lead to you being forced to pay more than the odds to acquire rights to your trademark or require you to change your brand completely.

9. Security in the online world

The digital world in which we live implies it is possible for products to reach international customers and audiences faster than they ever have. This has not just enhanced the value of an excellent brand, but also exposed it to possible threats through counterfeiters, copycats and trade mark “squatters”.

Given the threats this is why it is crucial that proper protection of the trade mark is put implemented as early as is possible during the creation of a brand. Certainly prior to the service or product that they are intended to be used launches.