Protecting your brand | Whatley Weston & Fox Solicitors

Protecting your trademark, by Shahla Syed

posted in: Legal Interest 0

Protecting your brand is vital. Your brand is your biggest asset. A strong brand can differentiate your company in the market, and engage customers.  Visually, it can have many elements – a name, a logo, a slogan, a pattern or design.

This brand value needs to be protected as your ‘intellectual property’.  If you are starting up a company then proper checks are crucial to ensure there is no infringement on anyone else’s brand.  If you are an established business, it is equally important to make sure you are protected so that others do not encroach on your territory.

What is the best way of protecting your brand? A UK trademark registration requires identifying which classes of goods and services you are operating and registering your mark accordingly. It is best to take advice for this process to ensure you are covering all potential areas of your business.

If you decide not to register your mark, you are taking a risk as you may struggle to object to an infringement. Grounds rooted in copyright law can succeed if the original artwork has been glaringly copied or replicated, or in ‘passing off’ if someone else is trying to pass off their brand as yours.  However, this carries weight only if you have built significant brand recognition and have a solid reputation – but still can be difficult to win.

The best way forward… is to ensure you register your trademark.

For advice on intellectual property rights please call Shahla Syed on 01905 731 731.