THE TRADEMARK PROCESS SHOULD BE INCLUDED EARLIER RATHER THAN LATER IN THE FORMATION OF A BRAND.

All too many times the trademark is an afterthought, often for budgetary reasons.  As a very small business, I understand budget and cash flow very well.  When you wait, however, for the business to become too well established, then you run the risk of having to change your name.  Penny wise and pound foolish my mother always said.

So when just this very morning a new customer said to me, "I can't change my name.  I must get this trademark registered, the business is built around it...since 2014”, I felt compelled to remind (sm)all businesses, don't wait to start the trademark process.

It is 4 simple steps:     
free search / professional search / registration filing / issuance of certificate

Yes, you are on a very tight budget, possibly waiting for the actual sales to fund future expansion, but securing your trademark is part of the start up costs.  It should be an integral step that should not be skipped.

  1. You can start free here in the TMView, which has about 40 searchable countries so far.              https://www.tmdn.org/tmview/welcome
  2. If there are no “exact hits”, you can take the next step: get a search prepared by a trademark             professional with the experience to look at the “similar hits”.  This is not too expensive in most             countries.
            Similar hits might be:

  • phoenetic spellings                  vane / vein / vain / fein / fain / fane / wein
  • translations                              air / aire / airo / aero / ayro
  • coordinated class codes          (029/030...025/014...035/042)
  • merely descriptiveness            does your brand merely describe your product or service ?

    A good search report will include all of these things (varies by country), and short opinion to boot.

    3.  The trademark registration process does not have to be that expensive, and you can expand
         country by country, as your budget allows.  One of my oldest customers started in 1998 with 2 brands
         in a single country, and now those brands have registered in over 100 countries each.
         Start always with country of origin.

If you are going to have a problem with the name, better that you find that out before investing time and money in promoting a name that might eventually have to be changed or litigated.

Do not neglect the very important aspect of trademark protection when planning the future of your new brand and company.

 


Comments

03/21/2016 8:54am

In principle, a trademark registration will confer an exclusive right to use the registered trademark. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.

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That was so nice article. Thank you for such an informative blog, it will surely help all the students that are studying Brand Management. I agree that trademark should get not only the attention of the audience, but also their soul so that they will be reminded that this brand is existing. I will definitely use this information when I do some research paper regarding the things that we should know about trademark. I also like the idea that it does not have to be expensive because we all know that money should allocate properly. Please continue your work because I love reading it.

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06/21/2016 4:10am

You are on a tight spending plan, potentially sitting tight for the real deals to reserve future extension, yet securing your trademark is a piece of the start up expenses. It ought to be a fundamental stride that ought not be skipped.

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I will remember this advice. It's very helpful.

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07/12/2016 6:12pm

It is the responsibility of every business, no matter the size, to be meticulous in its trademark. Brand names are very important in a marketing sense. A name's reputation can play a big role in the retention of the business in the minds of the consumers. That is why businesses pay the big bucks for creative minds to come up with business names. Brand loyalty, repeat purchase and reputation are all affected by the brand name of the business.

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09/05/2016 1:56am

This goes to show that if you have a good idea for a product/brand, don't think twice and just immediately trademark the thing. You'll never know. Someone could take your place as the rightful owner of the brand and you'd lose your earnings because of it. This is one of the main reasons why the concepts of trademark and copyright are important.

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05/08/2017 10:45pm

http://cgbse.2017resultnic.in/cgbse-12th-result-cg-board-12th-result-cgbse-nic-in/

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