You can usually tell if this is the case because they will display the registered trademark symbol "®" after the mark in question. The first is to search for others using the name and see whether they declare it as a trademark. Number 1: Is someone else using the brand with the ® symbol? There are three basic steps you can undertake to know whether a business name is trademarked. How do you check if a business name is trademarked? For businesses that look to stand out in their marketplace, a trademark protects their business' unique identity and competitive edge.
In comparison, a trademark when registered gives you monopoly rights over that brand and business name and the ability to enforce against those who come too close to its look and feel. Even so, a passing off claim, in the best-case scenario, would only provide you with the ability to continue to use the brand in a limited way. This is achieved via the tort law of "passing off" - which would require you to provide a deep chronology as it relates to the use of the brand and the development of its reputation in the buying public. This protection is much more easily deployed than if you sought to enforce your brand without having a trade mark.
Once you have received confirmation that your trademark has been registered, you are easily able to enforce your rights over that brand upon those who use similar or identical brands in the marketplace. What protection does a trademark offer a business name? A strong brand which stands out in the marketplace and no one else can approach is incredibly valuable, as a result, an expertly tailored trademark is a key business asset. What this means is that certain associations as it relates to reputation and the attractiveness of a brand in the minds of the buying public are what's at stake. Securing it correctly as a trademark (both in classifications you are set to use, as well as key jurisdictions) means that your business name can lay claim to a psychological terrain in the marketplace - which others are unable to get close to. Instead, a trademark application needs to be made at the relevant intellectual property office (IPO) to secure the trademark and protect the brand. Think of "Ben and Jerry's" and compare this to "Phish Food" - one is clearly more valuable to the company than the other, right?Ī lot of business owners make the mistake of thinking that when they register their company with Companies House that this secures their brand and stops other people from using it. Whilst it is likely that you may have product or service brands which are also a focus of reputation and goodwill - these typically pale in significance when compared to the company name itself.
#Should i trademark my business name us registration
Ultimately, trade marks provide a monopoly over a brand's use (we'll go into this more in the next section).Įach registration lasts for 10 years, and in theory, can be renewed indefinitely if maintained correctly.įor this reason, trademarks are seen by many to be the most important intellectual property right - and something that offers a lot to businesses by protecting its distinctiveness.īut, why trademark the name of a business, specifically?Īs mentioned above, business names tend to be the most important brands that companies own. Trademarks are also based on classifications, meaning that a registrant outlines the goods and services that the brand will protect - allowing other brands to use a similar mark for entirely different goods. Trademarks are jurisdictional - meaning that they have to be registered in the countries where the brand is to be protected. Nike's "swoosh"), and even things like colours (e.g. Recognisable brands can take many forms: whether it's a name (e.g. In the guide below we provide answers to a number of common questions that relate to trademarking a business name.įirst things first, what is a trademark? A trademark ("trade mark" in the UK) is a registered right that protects brands. That's why most businesses (when they reach a certain size) look to trademark their business name to protect it. The name of your business is one of the most important assets that your company holds. This guide provides an overview of what you need to know to trademark and protect the name of a business Business names are often a company's most important brand.
0 kommentar(er)
