Your brand name, logo or distinctive mark makes your business distinguishable from your competitors and instantly recognised by potential clients/customers. If you do not register your trade mark you become vulnerable to those who would exploit your own success by copying your brand. You need to be in a position to take action if this kind of situation arises. In this article we shall look at how you can protect your brand and how the use of a trade mark attorney can help not only with the trade mark registration, but with the initial searches to ensure that your mark doesn’t already exist and belong to someone else.

Some organisations may feel that there is no justification in registering their brand or trade mark. There may be reluctance due to perceived cost issues, for instance, or it may simply never be a priority. This can, unfortunately, end up costing the business more money later on and can leave your brand unprotected. If another organisation does undertake the registration it could result in them being granted ownership and you would no longer be able to use the brand. Consulting a trade mark attorney to avoid these issues should therefore be a priority.

When you do register a trade mark there are several decisions to be made, not least of which is where to register. Trade mark protection is territorial i.e. by individual country - there is no such thing as a globally registered trade mark. You also, as a business, need to decide what you want the trade mark to cover, whether it is just the name, logo or a combination of both. The next decision you have is to decide which and how many of the 45 classes to apply in, as each represents a grouping of various goods and services. A trade mark attorney is a great source of information regarding the classification of your goods and services into these classes.

Businesses in the UK may apply to register their trade mark through the UK Intellectual Property Office. It is also possible to obtain registered trademark protection across the EU with a single Community Trade Mark application; this is slightly more expensive but offers the obvious extra protection for your trade mark throughout the EU. With the growth of the EU to 27 countries and recent reductions in official fees this option has proved popular.

Your trademark and brand are valuable parts of your business and should be protected accordingly. It is always prudent to seek professional advice from a qualified Trade Mark Attorney. They can advise you of the cost implications and whether it would be beneficial to register nationally, for the EU or even on a wider scale.

Dominic Donaldson is an expert in the legal industry.
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