Class is in session for Trade Marks 101! In “How to Protect and Defend your Brand,” Claire Breheny, Head of Trade Marks and Partner at Mathys & Squire, gives us the definitive introduction to trade marks.
You will learn about the best way to build a trade mark strategy to add commercial value to your brand, covering how to register for a trade mark, how to balance budget and effective protection, how to tackle challenges which arise during enforcement, and more. Claire also touches on the most common mistakes made by brand owners and founders, ensuring you don’t fall prey to them too.
Obtaining comprehensive trade mark protection from an early stage is vital for any business. This key step will secure the reputation of your brand and guarantee its commercial exclusivity. Not thinking ahead could mean you face barriers to expansion and costly disputes further down the line. Watch our latest podcast episode to master the ins-and-outs of trade mark strategy, so you can take it forward to your business plan.
You can listen to the episode on Spotify here.
Episode summary
Topics discussed🎙️
- The role of trade marks within a broader IP strategy.
- Why having an effective trade mark strategy is so important, and when and how businesses should protect their brand.
- The common pitfalls in trade mark selection and registration.
- The importance of conducting a clearance search before launching a brand.
- International trade mark protection and territorial considerations.
- Enforcement strategies and dealing with infringement.
Key takeaways💡
- Trade marks are fundamental to brand identity: They protect how a business is portrayed in the market, making them essential for long-term brand building and customer trust.
- Early clearance is critical: Conducting proper searches before adopting a brand can avoid costly disputes, rebranding and legal challenges further down the line.
- Trade marks are territorial rights: Protection must be considered on a country-by-country (or regional) basis, particularly for businesses with international ambitions.
- A strong brand adds commercial value: Trade marks can become key business assets, supporting licensing, investment and overall company valuation.
- Enforcement requires a proactive approach: Businesses need to monitor and defend their rights to maintain exclusivity and prevent dilution of their brand.
Notable quotes🔊
- “The risk of not protecting your trade mark is that it makes it difficult to enforce your brand, so if a third party is doing something similar, you might not have strong enough rights. It might stop you from expanding your brand. If you’re looking at valuation or investment, not having the rights can make your business less attractive. Having your trade mark protected really does add value to your business and strengthens your brand.”
- “The first thing is to make sure they’re clear to use the name. People often say, “I’ve looked on Google and it’s fine,” but Google does not pick up trade mark registrations. The worst thing is if a startup has used a name for a couple of years, they’ve got really attached to it, they’ve started to get some traction, and then someone comes in with a cease-and-desist letter and says, “we own this brand and you need to change.” Whilst a search can seem expensive, if someone sues you for infringement, that’s going to be even more costly.”
- “Just because you’re super famous, doesn’t mean the registry can just take that as read – they need to see the evidence of use. You have to be able to demonstrate that you have a certain market share or customer numbers or recognition of the brand, even if the registry knows exactly what brand you’re talking about.”
