When is the right time to apply to register a trade mark?
When is the right time to apply to register a trade mark?
We work with clients of all sizes, and the answer to this question is always the same: “as soon as you decide on a brand name”.
Once you have decided to create a business or product, a name for it is one of the first things most people will think about. Many clients come to us after they have purchased the domain(s), designed the logo, registered the company, and spent countless hours thinking about and perfecting the brand. Then, they realise that they should trade mark that brand.
That is the wrong approach. We say this because trade marks can be refused due to either/ or:
- the name is not allowed to be registered; or
- earlier similar or identical trade mark registrations are already on the register.
Trade marks are frequently refused on grounds of being descriptive of the goods/services in question, or generally non-distinctive. In addition, trade marks are often opposed because they are considered to be too similar to earlier trade marks owned by third parties. It is not uncommon for trade marks to be filed by unscrupulous people who notice a new brand, and apply for the trade mark in their name, not yours. It can be very difficult and time consuming to get the brand back from them.
Sometimes, these issues simply cannot be overcome, and the time and money invested into the brand can be completely wasted.
To avoid this, a trade mark application should be the first priority for a new brand, not an afterthought.
At Trade Mark Associates, we help our clients avoid and overcome these kinds of issues on a daily basis. We are able to provide these services in the UK, before the EU trade mark office, and the Irish trade mark registry. We also have an excellent network of associates around the world who can assist with any trade mark issues that arise.
Contact team@tma.eu or call +44(0)1869 692 888 to speak to a trade mark expert, and begin protecting your brands today.