Protecting the name, branding and logo of your small business or start-up organisation is a crucial step towards longevity that many business owners often overlook. Your brand and business name are the foundation of your company, and it's essential to protect them to prevent others from using them without your permission.
In this blog post 'Securing Your Business With a UK Registered Trade Mark' , we will be diving into the process of registering a trade mark for smaller, independent businesses in the UK and explaining why it is so important for your longevity and success.
Latest figures from the Intellectual Property Office (IPO) continue to show increasing numbers of trademark applications in the UK, with a rise of 43.5% in trademark applications made in 2021 compared to the previous year.
Yet, many small businesses are still unaware of the importance and steps required to protect their business with trade marks and Intellectual Property protections.
Continue through this blog post to read about trade marks, what they protect, why they are an important consideration for small businesses, and a step-by-step outline of the trade mark application process.
If you would like specific, tailored trade mark advice for your business, get in touch with the intellectual property experts at Tennant IP
What is a Trade Mark?
A trade mark is a form of protection for Intellectual Property (IP) that many businesses use to ensure the originality of their assets and protect against unlawful use of their IP.
A trade mark can be registered and used to protect a range of intangible assets for a business, including their business name, logos and branding such as words, sounds and colours.
Where a trademark may not already be in existence, limitations still apply that may affect the successful registration of a trade mark application. These include; misleading terms, common or non-distinctive words or phrases, offensive language, generic shapes, official emblems or national flags.
A trade mark is only valid within the territory in which it has made a successful trade mark application. For example, a registered business name within the UK food manufacturing industry may still be considered as fair use in the US if a trade mark application has not been submitted in that country.
This has caused issues for businesses in the past, such as the international coffee machine manufacturer BrevilleⓇ having to trade under the business name SageⓇ in the UK, due to the existence of another appliance manufacturer named Breville operating with trade mark protection in the UK.
Often a concern for start-ups and independent businesses, protecting your intellectual property overseas may be a critically important consideration for organisations that may operate outside their country of origin in the future.
Additionally, a successful trade mark made in the UK must be renewed every 10 years. It is therefore possible that a particular trade mark lasts indefinitely as long as payments and applications continue, whereas an unused trade mark may only temporarily place restrictions on other businesses.
The Importance of Trade Mark Protection for Small Businesses
Having a trade mark allows your small business the exclusive right to operate under the protected name or branding asset within the country of registration.
Once your business is protected, you have the right to stop another organisation in your industry from operating under your name or branding via legal action. The protection that a trade mark affords can be incredibly important to the value and longevity for your business due to a number of reasons:
Business Value
The ownership of a trade mark, along with the protection it affords, also allows the exclusive right to licence your asset for commercial use. For a fee, you could allow the use of your trade mark protected intellectual property by a third-party through a licensing agreement, maintaining your ownership of the trade mark and generating additional revenue.
Additionally, a trade mark could significantly increase the valuation of your business, should you decide to sell, due to the additional longevity and protection it affords the buyer.
Credibility
A business with a protected name adds perceived credibility to all stakeholders. Potential investors may be hesitant to back a business with unprotected intellectual property, whereas a trademarked business name indicates an additional level of security for the future of the organisation and protection from competitors.
Additionally, customers may be more likely to select your services over a competitor when operating under a brand name with an identifiable ® trade mark due to the perceived value it creates in their minds’ eye.
Customer Recognition (Goodwill)
In a world where potential new customers can search for your business, website and social media channels in a split-second, having a unique and recognisable name can significantly increase the chance that a customer will be able to find you.
Placing a trade mark on your business name, logos and branding will allow you to prevent any other uses from competitors and allow you to stand out alone during customer searches on social media, Google maps and online directories.
This is especially valuable within an industry of competitors whose products are generic or interchangeable, and where branding and recognition are a major factor in the buying decision. This can be referred to as Goodwill; the idea that a trademark brings inherent value in relation to a business bringing in customers and regular trade through its name and the connection to a business.
Now that you have a good understanding of trade marks and their importance for small businesses, continue reading for a brief outline of the registration process for trade mark applications.
Alternatively, contact Tennant IP to have a discussion about protecting your business assets or for more information on the trade mark protection services available to small businesses.
How to Apply and Start Securing Your Small Business with a UK Registered Trade Mark
1 Determine the category of trade mark best suited to your assets
Categories, or business classes, cover the different industries, goods and services for which your trade mark will be protected. At Tennant IP, we can consider your business plans, goods and services, to appropriately identify the classifications for long-term protection of your assets.
More than one class can be selected, but it is important that they are relevant to your short-term business plans. This is because the more class terms you select, the higher the chance that your trade mark application will be too similar to an already-existing protection.
2 Undertake a trade mark search
Prior to the application process, you should undertake an exhaustive search of existing trade marks within your selected classes to ensure that your proposed trade mark is not already in use.
Whilst it is possible to undertake this process yourself, acquiring the support of a trade mark attorney such as the team at Tennant IP ensures due diligence throughout the lengthy and complex process.
A chartered trade mark attorney will also be able to conduct a global search for existing trade marks across all markets, handle all documentation and correspondence with international IP offices, provide recommendations and create a tailored IP strategy for your needs.
3 Submit your trade mark application
Undertaking an application for your trade marks is a time-consuming and lengthy process, and when not conducted comprehensively, can bring a host of financial and legal stress.
We would always recommend utilising the assistance of a trade mark agent, who handles all correspondence with international protection offices and provides you with regular updates as to the status of your application.
To apply for a UK trade mark yourself, we would recommend following this guidance from the Intellectual Property Office (IPO) to determine the pricing and processes required for a successful application. It is important to note that the application process may be different across international IP offices.
Consider contacting a trade mark attorney to discover how their services can benefit your business and ensure a professional service during the application of your trade marks.
4 Wait for approval
The IPO will typically examine your application and provide a response within a 2-3 week period. The response will contain a report that outlines any issues or objections to your application, for which you have a period of two months to resolve.
To remove any stress, impatience and uncertainty during this period, Tennant IP provide weekly updates to our clients on the progress of their application.
Any existing trade marks discovered by the IPO may cause objections to your application, which shows the importance of conducting this search yourself before committing to paying for and working towards an application.
When no objections are found, your application will be published in the trade marks journal for two months when anyone is able to oppose your application. If no successful objections are made, your trade mark will be registered and will last for 10 years.
Trade marks are a crucial form of protection for small businesses and start-ups to ensure the originality and longevity of their assets. Through preventing competitors from operating under your name or branding, and increasing perceived credibility and business value, trade mark protection is an essential step in the longevity and success of your small business.
The process of registering a trade mark in the UK can be complex. By working with a trade mark specialist such as Tennant IP, you can ensure your business is fully protected both at-home and globally with a comprehensive Intellectual Property strategy.
Don’t leave your small business unprotected. To find out more about securing your small business with a UK Registered Trade Mark, talk to us about trade marks today on 01633 258792 mail@tennantip.co.uk, or send us a message via our Contact Form.
