5 ways to keep your trademark (brand) alive

A brand is a promise of an experience; it defines who you are, how you operate, what your values are and how you are different from the competition. Just think about the power of the Apple and Microsoft brands. If you don’t protect your brand not only could others benefit from your hard work but they could significantly damage your reputation and therefore the success of your business.

1.  Choose the right name for your brand.

Whilst it might be tempting to name your brand after your product- this is not going to differentiate you and you will not stand out from the crowd. For example the term ‘English Teapots’ may seem like a good idea it is unlikely that anyone will remember you for such a brand as it will not distinguish you from other English Teapot makers. Descriptive trademarks are also difficult to register and therefore enforce.

Take a look at this link for some examples of great and lasting brands:

http://www.interbrand.com/en/best-global-brands/2012/Best-Global-Brands-2012.aspx

A good brand is not descriptive and often a ‘made up’ word. It can be an everyday word as long as it does not described your product- think Apple! If your business is descriptive- think about abbreviations and acronyms as they can make for very effective trade marks.

2.    Protect your brand at the beginning of the process.

Once you have chosen your trademark brand (and checked its availability) then it should be registered in the territory where it will be used. This part of the process is often neglected (especially if funds are an issue). However if you have to fight a ‘passing off’ infringement case or even re-brand, it will be a lot more expensive. Infringement of registered rights can be much simpler and you don’t have to have built up a reputation- crucial for new brands.

A further problem is that in some countries, such as China and many other Asian jurisdictions, trade mark rights can be acquired by the first person to file for registration, even if the trade mark is already in use by someone else. Apple ended up paying US$60 million in order to settle an infringement dispute, and acquire the Chinese rights to the iPad trade mark.

3.    Use it or lose it

In many countries a trademark can be declared invalid if it is not in regular use and after a period of non-use (commonly three to five years) a trade mark registration may become vulnerable to cancellation. As a result, if you wish to maintain control of older trade marks, in which a residual reputation may still reside, it may be necessary that these be used from time-to-time, even if they have become out-dated.

4.    Stay on Trend

Keep your brand modern looking- but make sure your register each new version.

5.    Keep a close eye on the competition

You need to stay on top of trademark infringement- if your mark is used frequently and nothing is done to prevent this your mark will be at risk and the power of the brand diluted. Watch who is using your brand and make sure its reputation is not being damaged.

Jane@trademarkroom.com