Protecting your Brand - Why do it?
Registering your Brand protects you from theft, and grants you immunity from 3rd party infringement actions.
Your brand may be your trading style or it may be the name of your products or services. Either way, it is your signature, your mark which identifies you and sets you apart from your competitors. It is a valuable commercial asset and warrants protection as a trade mark. Here’s why:
- Your brand is valuable and, over time becomes more valuable the more you use it. It is the commercial magnet to which the goodwill of your business attaches and may go on to be worth many millions. The goodwill value of your names and brands can only be "locked in" through registration as a trade mark.
- Registration gives you the sole and exclusive right to use your brand or business name as its owner. If you do not register your brand, someone else may. Register your brand now and give it the necessary protection against theft.
- Registration constitutes a presumption of ownership and is essential to prohibit others from copying your brand or trading name. It is notice to others that they use a similar brand or name at their peril.
- Registration secures your brands and names before time and money is spent on advertising and marketing. You may be building up goodwill in a brand you do not even own! Someone else may decide to register your name or brand first! You may be shut down and prevented from operating under your chosen brand or business name! Protection of your brand is protection of an investment.
- Neither company name nor domain name registration gives you the sole and exclusive right of use of your brands and names. Only trade mark registration does.
- Registration is paramount should you wish to commercialise your brand through franchising or licensing others to use it.
- As an asset of your business, registration provides proper protection of brands and names from a balance sheet and income tax deduction point of view.
- In the sale of a business, a price is often being paid for cash flows generated by goodwill. It is important for a purchaser that the brand or name to which the goodwill attaches is under the protection of, and secured by, registration to ensure sustainability of income.
- Registration guarantees immunity to infringement actions based on registered trade marks of other parties.