Why You Should Consider Your Business’s Branding Strategy Now, Not Later
The steps you take now to create, investigate and protect your trademark can save you significant time and expense later. A distinctive, registrable, and enforceable trademark not only builds goodwill but also helps prevent costly rebranding.
1. Don’t Adopt an Infringing or Unavailable Trademark
Investigate your chosen trademark before you begin using it. Many businesses invest in packaging and advertising only to discover—after receiving a cease-and-desist letter or filing an application—that their mark isn’t available. A preliminary search of the Trademarks Register, supplemented with internet and trade-directory searches — preferably by a trademark lawyer who understands the test for confusion — can reveal whether others are already using or have registered a similar mark. Taking this step early helps you avoid the cost of rebranding and protects your long-term investment.
2. Don’t Adopt a Descriptive or Non-Distinctive Trademark
A trademark that merely describes your goods or services is not registrable, and common or generic terms are difficult to protect. Distinctive marks — those that are coined, arbitrary, or unrelated to the product — are easier to register and enforce, and if you invest in brand education, they can add real value to your brand. For example, marks like EXXON or BLUETOOTH are strong because they are unique and memorable.
3. Don’t Confuse a Corporate Name with a Trademark
Registering a corporate name or trade name does not give you trademark rights. Those registrations simply allow you to operate under that name; they don’t prevent others from using a similar mark. If you plan to use your company name as a brand identifier, conduct a trademark search first to ensure it’s available and registrable.
4. Put Licensing Agreements in Place
If related companies or third parties use your trademark, formal licensing is essential. A written licence agreement ensures that use by another entity is legally attributed to the trademark owner and helps maintain the validity of your rights. The owner must also retain control over the character and quality of the goods or services offered under the licensed mark.
5. Use Your Trademark Continuously and Consistently
A registered trademark can be expunged if it isn’t used for three consecutive years. Consistent use is also critical—altering a mark (for example, changing the wording or style) can weaken your rights. Display your trademark clearly and consistently on packaging and advertising to preserve its strength and enforceability.
Protect Your Brand from the Start
Bricolage Legal helps businesses build, protect, and enforce their trademarks with clear, practical advice. Whether you’re choosing a new brand, filing an application, or addressing a conflict, we can help you safeguard your most valuable business assets.
Contact us or set up a free 20 min call to discuss your trademark strategy.