We examine the advantages of registering your trademark early in the digital age.
When they are in the rush of creating an innovative product, business or service, many businesses don’t take care to safeguard the essential aspects of their branding which leaves them open for other parties to copy and apply to their own gain.
Although there isn’t a perfect or incorrect time to apply for protection for your trademark or marks, according to our experience, earlier is more effective.
If you or your team of creatives, develop the concept for a identity or name, a search must be conducted to determine whether the trademark is suitable to use and is registered for the specific products or services.
This will provide an evidence of whether the brand that you’ve chosen could be challenged by third party.
In all likelihood all is well, a request for the trademark should be filed as quickly as is possible, even if the launch of the product or company isn’t imminent.
Here are the nine reasons to support:
1. It’s much easier to fight duplicates
An EU design registration grants an even stronger legal right to enforce the law against third parties, compared to relying on other rights that are not registered, such as copyright and passing off. This is due to the fact that there is a precise date when protection began and the extent of protection is defined in the specifications.
2. It reduces the chance of being harmed.
While the findings of any search conducted could indicate that the risk of the use and registration of the trademark is not too high This could quickly alter as new applications are being filed.
In the time between filing and searching the application, it’s possible that a third-party could seek to register the same or a similar trademark for similar goods or services, which could block the registration and use of your trademark. To minimize the chance that this could happen, it is recommended to make your application as quickly as you can following the results of your search.
3. It could save you money.
Trade mark registrations might fail due to opposition from third parties. If the opposition is successful, you could have to change your brand the product, which is less difficult should you be in the beginning stages of marketing your products or service. It is more costly when compared to the cost when you are further along the road or even to the point of launching your service or product for sale to the general public.
It also lowers the chance of infringement when the issues are brought to light prior to the time your trademark is used.
4. It will add value to your business.
Trademark registrations are intangible assets that are considered when valuing a company. If you’re selling or transitioning from your company, it is important to be prudent to have the proper registrations that are in place for the entire life of your business or product.
5. It gives you the “takedown ability
A registered trademark provides you with more protection against infringements on online marketplaces for selling like Amazon as well as social media sites like Facebook as well as Instagram. On these platforms an registered trademark gives you the right to ask for “takedowns” and is a prerequisite 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 mark within the six months following you’ve filed your UK file date known as the “priority period” will benefit from protection that is retroactive to the UK day of filing. You can take advantage of the “priority period” when you file your international trade mark applications within six months of 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 making prior-emptive filings to register your mark or similar marks that make them the first to file and let them benefit from your future success , or stop your registration and use of the mark in the United States and abroad.
8. Someone else may be able to use your mark to register it.
If, on the other hand, you launch your new product or service and it’s an instant success, but you haven’t taken steps to protect your trademark You may find that third parties have registered the mark and there’s nothing you can do to claim it back legally standpoint. This could result in needing to pay the odds to acquire rights to your mark or require you to change your brand completely.
9. Online security and protection
The digital world that we live in means the products reach worldwide people and consumers faster than they ever have. This has not just enhanced the value of an excellent brand, but also exposes it possible threats through counterfeiters, copycats, and trade mark “squatters’.
Given the threats this is why it is vital that proper protection of trade marks is put in place as soon as is possible during the creation of a brand. Certainly prior to the service or product on which they will be used launches.
