The use of a good brand name can literally make or break your business but have you checked to see whether someone else is using it in your industry already?
Most businesses will spend some time brainstorming a new brand name and researching their target market to assess its likely success. Your name is the first thing a customer sees or uses to contact your company and often determines their attitude towards your business or products, so it is important to get it right from the outset.
But what many businesses fail to do is to ascertain the trade mark implications of adopting a particular name, which could prove very costly. If another company has already registered the same, or even just a similar name to yours for the same or similar products or services, they could prevent you from using your chosen brand name. This could potentially cost thousands of pounds in re-branding if you have to re-print stationery, packaging or change your website domain name. In a worst-case scenario, you could have to pay compensation for using someone else’s trade mark.
Even if you are a start-up with limited resources, it is always advisable to instruct a trade mark professional to carry out a search of the trade mark registers in the countries that you plan to trade in. They can highlight any obstacles and make suggestions as to how to overcome them. Furthermore, if you decide to protect your brand name by filing a trade mark, the Trade Marks Registry does not refund fees even if your trade mark is unsuccessful so it therefore makes financial sense to conduct a search before submitting an application.
the big ideas legal company has had many years’ experience of conducting affordable trade mark searches for clients across all business sectors and in many countries worldwide. If you would like us to check to see whether your chosen name is available then please get in touch.