IP protection has proven beneficial for 60% of SMEs

According to a new survey conducted by the European Union Intellectual Property Office, IP SME Scoreboard 2016’, it has been shown that of the European small and medium-sized enterprises that own intellectual property 47% of them feel that registering a trademark had impacted their business in a positive way and 13% believed it had impacted them in a very positive way.

Around nine thousand companies were asked to take  part in the survey and revealed that most SMEs register a trademark in order to increase their brand value, to gain legal certainty in the form of trademark enforcement rights and to prevent infringement through copying.  

31% of the companies that did own IP revealed that they had been a target for trademark infringement  and of these only 33% decided to take their opposition to court whilst 43% decided to negotiate instead. However, 12% of those that had been affected by trademark infringement chose to not to counteract it.

However, the reasons that were stated for those who did not register an IPR included the fact that some small and medium-sized companies believe that they do not have the knowledge to do so and that the registration process and the court procedures (in a case of infringement) are  too complicated and too expensive.

A trademark is a worthwhile investment as it will protect your brand and allow you to enforce your trademark rights over other companies that may infringe upon your mark. Although the trademark registration process can appear extremely complicated, many trademark attorneys and trademark registration companies offer a free consultation to get you started on the road to successfully registering your brand.

Infringement cases can sometimes be expensive what with all of the legal fees, however, sometimes these costs can be avoided. 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 so that you can oppose them as soon as they appear. It is worth looking into a more comprehensive watch service which will flag “sound alike” conflicting registrations and similar logo designs.

Furthermore, before engaging in a legal battle you can attempt to negotiate with the infringing company on a personal level to resolve the issue. You may be able to persuade them to stop infringing on your brand and by not initially threatening them with legal action they may be more acquiescent. However, if you do not receive a response from the infringing company you should  send a cease-and desist-letter. This will prove to them that you are serious about defending your brand but that you are still willing to talk.

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.