Why Trade Marking Matters Early
Starting a new business is exciting and branding is a huge part of that. Your business name, logo, or slogan are often the first things your customers will see, and these elements help you stand out in the market. But if they’re not protected, someone else could use (or register) the same or a confusingly similar brand, and you might have no legal way to stop them.
The Ideal Time to File Your Trade Mark
As soon as possible. The best time to file a trade mark is either:
- Before you launch publicly, if you already have your brand identity in place.
- Immediately after launching, if you didn’t file earlier.
Waiting can be risky. Trade mark rights are generally granted to the first to file, not the first to use (in many countries like the UK, EU, and China). This means someone else could register your brand name before you do — even if you thought of it first.
You Don’t Have to Be Fully Operational to File
You can file a trade mark even if you’re not yet trading, as long as you have a genuine intention to use it in commerce. This is common for startups that are still developing their products or services.
What Can Be Trade Marked?
You can typically trade mark:
- Business or product names
- Logos and symbols
- Slogans
- Sounds, colours, or even packaging shapes (in some cases)
What Happens If You Delay?
Delaying your application can lead to:
- Brand conflicts: Another business registers a similar name.
- Legal costs: You may need to rebrand or fight a dispute.
- Loss of reputation: Changing your name later can confuse or alienate customers.
- Lost investment: Marketing and design costs could be wasted.
Where Should You File?
Start by protecting your brand in the country where you:
- Operate now or plan to soon.
- Manufacture or sell products.
- Have key customer bases.
Later, you can expand to other countries using systems like:
- The Madrid Protocol (for international filings).
- The European Union Trade Mark (EUTM) for EU-wide protection.
Final Thoughts: Trade Marks as Strategic Assets
Think of a trade mark as a long-term investment. It:
- Safeguards your brand.
- Adds value if you sell or license your business.
- Helps deter copycats and establish trust with customers.
If you’re serious about building a brand, don’t leave it unprotected. A trade mark is not just a legal formality — it’s a shield for your identity and a badge of legitimacy for your business.