Protecting your brand before you launch

Founders spend months on a name, a logo and packaging, then discover after launch that someone else has rights in a similar mark. Rebranding at that stage is expensive and slows sales. Most of that cost can be avoided with a few steps before you go public.

Here is the order in which we approach brand protection for a new product or business.

Search before you commit

A clearance search looks for registered and unregistered marks that are identical or similar to yours, in the markets where you plan to trade. A quick online check is a start, but it will not find every conflict. A professional search covers trademark registers, company names and domain names, and gives you a view on risk rather than a simple yes or no.

File in the right places

Trademark rights are territorial. A UK registration does not protect you in the United States, and a US registration does not protect you in the EU. File where you will sell in the next three years, and where your products are made. The Madrid Protocol lets you extend a single application to many countries, which keeps costs down.

Choose your classes carefully

Trademarks are registered for specific goods and services. Too narrow, and a competitor can use a similar mark in a related field. Too broad, and the application may face objections or later challenges for non-use. Think about where the brand is going, not only where it is now.

Secure the copyright and the domains

If an agency or freelancer designed your logo, make sure they have assigned the copyright to your company in writing. Without an assignment, they may still own it. Register the main domain names and social handles when you file, before a launch announcement alerts opportunists.

Watch and enforce

Registration is only useful if you act on it. A watching service alerts you to new filings for similar marks so that you can oppose them early. If you find a copy in the market, keep dated evidence and speak to a lawyer before contacting the other side. In our 2024 infringement case, early evidence of customer confusion was the key to an injunction within six weeks.

Every brand and market is different, so take advice before you file.

This article is general information, not legal advice.