Intellectual Property
Illustrative articleProtecting Your Brand: An Introduction to Trademarks
A business name or logo can become one of its most recognisable assets. Understanding how trademarks work helps businesses make informed decisions early.
Amina HassanAssociate (sample)1 min readIn summary
- Check for potential conflicts before investing in a new brand.
- Registration can make rights easier to rely on and enforce.
- Record who owns brand assets created by designers or agencies.
A trademark is a sign, such as a name, logo, or slogan, that distinguishes one business's goods or services from those of others. For many businesses, the brand is how customers recognise and choose them, which makes it worth protecting deliberately.
Search before you launch
Before investing in signage, packaging, or marketing, it is sensible to check whether the proposed brand may conflict with marks already in use or registered by others. Discovering a conflict after launch can be disruptive and costly.
Why registration matters
Registration generally makes it easier to demonstrate rights in a mark and to take action against others who use a confusingly similar sign. The process, the classes of goods and services covered, and the territories in which protection is sought should be considered with the business's plans in mind.
Who owns the logo?
Where a logo or brand identity is created by a designer, agency, or contractor, the business should make sure that the agreement with them addresses ownership of the work. Assumptions about ownership are a common source of difficulty.
Using and monitoring the brand
- Use the mark consistently and in the form in which it is protected.
- Keep records showing when and how the mark has been used.
- Watch for similar names or logos in your market.
- Address licensing in writing when others are permitted to use the brand.