So you have
just successfully registered your trademark of choice and are ready to launch
your new brand into the market. Here are a few tips on how to protect your new
brand:
1) Renewal reminders
If you
registered the brand yourself your renewal reminder will be sent to you 3
months before you trademark is due to expire so be sure to check the dedicated
email address on a regular basis. On the
other hand, if your trademark was registered by a third party, this service may
already be provided as part of their package. If you are unsure as to whether
you are due to receive this service you should clarify this with them as it
could lead to confusion further down the line.
It is a common misconception that once bought, a trademark will last
indefinitely however, in the UK a trademark is only granted for ten years.
After that period, if the company that owns the trademark is still active they
are granted a six month grace period from the expiry date in which they can
renew their trademark. During that time another company can legally apply for
that trademark even if the original company are still using it. Therefore, in
order to avoid disputes such as this it is a good idea to ensure you are kept
up to date your trademark’s status.
2) Keep your eyes peeled
2) Keep your eyes peeled
A trademark
gives you the right to use a brand in a specific marketplace. However this does
not mean that others may not try to use your brand to boost their own profits.
In some cases these companies are unaware of your presence in the market,
however the use of another company’s trademarked brand is considered trademark
infringement. To stay one step ahead of
potential infringers you should keep an eye on your chosen marketplace
and on new trademark filings and seek legal advice if you feel that another company
may be infringing on your trademark rights. Again, if you registered your
trademark through a third party this may already be part of the service that
they provide. However if you registered your trademark yourself, you may want to sign up to regular alerts
from your local trademark authority. If you registered a UK trademark you can
sign up for simple trademark alerts from the IPO here. This will flag any filings which directly conflict with your
mark. It is worth investing in a more comprehensive watch service which will
flag “sound alike” conflicting registrations and similar logo designs
3) Imagine
that you launched your new product or service and then found that a similar or
identical brand already has the trademark in that marketplace.
Businesses
grow and develop over time and in the future you may decide to expand into
different marketplaces and therefore the trademark that you have now may not
cover the new areas. At Lipex we can perform
an initial search as well as a comprehensive search for you to clarify the
availability of your chosen name in your chosen extended marketplace.
Performing a quick search of the market and registering your trademark in the
required classes before launching your new product could save you a
considerable amount of time and money in the long term and is therefore
definitely worth the extra bit of administration.
For advice and more information on searching,
acquiring, registering and enforcing Trademarks please visit our website, http://www.lipex.com.
Our unique database of trademarks for sale or
license could save you time and help protect your brand.
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