You can’t build a reputation on what you are going to do.
Henry Ford
Your brand is everything, and depending on whether you protect it with trademarks or not, you’ll only be able to guard against competitors in certain ways. If you don’t protect your marks in the right way, you could be facing a number of copycats who are accessing your customers and market.
Trademarks protect the unique identity of a brand or product, whether it’s a name, logo, or tagline. When it comes to trademark rights, there are two main categories: registered and unregistered.
Registered trademarks offer stronger legal protection than unregistered trademarks. They provide exclusive rights to use a specific mark in connection with specific goods or services, in the countries you register them. Registering a trademark grants you nationwide protection and the ability to enforce your rights against potential infringers. It also puts others on notice that the mark is already claimed. It’s your stake in the ground.
Unregistered trademarks, on the other hand, still offer some protection, but it is limited. These rights arise automatically from the actual use of a distinctive mark in a commercial setting. But the onus is on you to prove you have been using it and keeping a record of this.
While unregistered trademarks may have some protection within the geographic area where they are used, it can be challenging to enforce these rights outside of that specific region. Those that you try and assert your right against have to basically be copying your brand completely, known as “passing off”. Meaning, someone could make their mark quite similar to yours, and unless you can prove their brand literally looks like you and your business to your customers, you won’t be able to stop them from using it. You would have to prove that they are direct copycats.
For small businesses or start-ups operating within a limited geographic area, unregistered trademarks are practical due to lower costs and general ease. But if your business expands or you plan to enter national or international markets in the future, you should consider registering your trademark to secure broader protection.
Registered trademarks provide a higher level of protection, which is important for businesses operating in competitive industries or dealing with valuable intellectual property. The registration process is generally easy and cost-effective, but if people try and object to your registration that can be time-consuming and may involve legal fees. The significant benefits are more long-term.
You’ve undoubtedly spent a lot of your time and energy on building your brand which includes your marks, you have an opportunity to make them into something even more special and lucrative by utilising trademark rights effectively.