Business Name as a Trademark
A business name is simply a company’s officially registered name, whereas trademarking a name means a way to protect the business name legally and prevent the business name from being used by other competitors in the market.
When you start a business for the first time, knowing why you must register your business name and how to protect it is essential.
Right Time to Start Trademark Registration
There is no right time to start with the trademark registration of your business. Ideally, we suggest protecting your business name even before your business launch, but if you have passed this time, you need to register your business name as soon as possible.
Some may think that delaying the registration of business names is fine and there would be no problem in the future, but it’s very risky. You should not wait for any time and register the business name immediately. Business names can easily fall prey to trademark infringement.
You, indeed, get the rights as soon as you decide on your distinctive business name. However, in case any dispute arises, you wouldn’t be able to prove the case if you didn’t do the registration.
Many businessmen think they will wait and do the registration after they make some money from the business, but it can be risky. You don’t need to be a successful businessman for this, anyone can do the trademark registration, whether the business is a startup or a successful one.
Here is the article to figure out about the costs:
Trademark a Name in a Remarkable Way in the UK; Costs
What are the Rights arising from Trademark Registration?
The trademark registered owner gets the exclusive right to use the mark. There are two major rights that are accorded to the owner, and they include; –
- The right to use the trademark.
- The right to exclude others from using the mark.
Protecting Trademark from Infringement
To protect your business name from infringement, it’s essential to register your business name as a trademark. It will not let anyone steal your work and let the public know your business name has legal protection.
The first thing you need to do is check whether your business name qualifies as a trademark. Secondly, you need to see if there’s any similar mark as yours in your area. If any identical mark is found, you need to find a trademark attorney to ensure it is safe to proceed with trademark registration. These are the primary stages when registering the business name as a trademark.
Once you fulfil those criteria, you can file an application to the UK Intellectual Property Office (UKIPO). There are many subsequent stages after you file an application, such as trademark, examination report, response to opposition, etc. If you pass all these steps, you will be granted trademark protection.
To make your registration successful, you need to choose a strong business name from the beginning because your trademark will be the public’s first interaction with your brand, at this stage it is recommended to take help from the professional IP lawyer. A strong mark can be divided into the following categories:
Generic words
It determines the general services of the products. For instance, “FOOD” for a company whose service is related to various foods. These types of names wouldn’t be registered at UKIPO.
Descriptive trademarks
The marks which are descriptive wouldn’t receive any legal protection. For example, if the name is “Hot crispy chicken dipped with sauce” for a company that mainly offers services to deliver chicken.
Arbitrary trademarks
These are the most common trademarks which don’t align with their goods or services. Nevertheless, these marks can get trademark protection, For example, “Apple”. The only disadvantage is that the company needs to educate the public about its goods or services.
Fanciful Trademarks
These are considered the strongest mark because these are invented and unique marks which hold no relation to the goods or services provided. For instance, brands like Nike, Adidas, Samsung, etc. These are some fancy names that are unique and can easily get protection.
The Reason to Trademark Business Name in the UK
Here are some reasons why you should trademark your business name in the UK:
- Registered trademarks will provide clarity about your business. Consumers should not confuse your business with any other business. It will only cause a disadvantage to your sales.
- Avoid legal actions by registering your trademark.
- Investors will be more attracted to your business because your mark is registered, and you can provide proof of your intellectual property.
- Build your brand by trademark registration. If people see your business name as a brand, then you will have less legal problems. If your name isn’t a brand and there’s a similar mark which is a brand, then you will be forced to change your business name.
Obligation to use a registered trademark
Trademark registration is not an end in itself. This is because it makes no economic sense to protect a trademark by registration without imposing the obligation to use it. On the other hand, the ultimate reason for trademark registration is to distinguish the goods on which the trademark is used from others. Therefore, if a registered trademark is not in use, such unused trademarks can be an artificial barrier to the protection and registration of new marks.
Practical use requirements
- A trademark must be used in the country of its registration;
- The use must be made in relation to the goods;
- The use must be made publicly; and
- The use must be genuine.
Consequences of Trademark non-use
Non-use or improper use can lead to the loss of trademark rights. Unjustified non-use can subject the registered trademark to cancellation upon the request of a person with a legitimate interest, and this puts the burden of proof on the registered owner.
It is not always a guarantee of non-use leading to invalidation of the trademark right where there is sufficient justification, such as in the case of force majeure and any other circumstance that is not due to fault or negligence on the part of the trademark owner, such as special legal requirements within the country.
On the other hand, a trademark can also be subject to genericness. Particularly, when it is improperly used by the owner, provoking the transformation of the mark into a generic term, and when it is improperly used by a third party that the owner tolerates.
Conclusion
Registering a business name as a trademark gives the owner an exclusive right to use the business name nationwide in connection with the identified goods and services. Thus, this allows the owner to enforce the trademark in case of infringement.
To learn more about the crucial terms included in Intellectual proeperty don’t forget to check our article on “Intellectual Property Definition: Perfect Eye-Opening Introduction“
