It is extremely important that you do a trade mark search before making any final decision regarding what you will register as your trade mark. Why is it so important that you trade mark your business name, and why should you do careful research before doing so? Here are just a few answers to these questions:
A Unique Business
When you have to decide on a trade mark name, it involves doing research to find out whether anyone else is already trading under the name. Doing a trade mark search is helpful in the sense that it will reveal to you how unique your service or product is. You might find out that the market for your product or services are already overloaded and then steer your business in a slightly different direction. Finding out whether your trade mark name is unique should be part of your market research.
Legal Advantages
Another reason why you should consider getting a trade mark name, as well as doing a proper trade mark search, is the legal benefits you will receive.
If you do not do a trade mark search, you might trade under a specific name, only to find out three years later that another business has registered that specific name or sign as their trade mark. This could lead to very expensive lawsuits, as you will be the one infringing! You might lose your whole business
If any one should ever try to trade under your name, they will have to face the law. You will thus be protected against any such illegalities. As the other person would be infringing on your name, you won’t have to pay any expensive legal fees – the other party will be in trouble – not you! Having a registered trade mark name protects you legally against losing your business due to infringement or any other disputes regarding your trade name.
Marketing
If you can manage to get your trade name or sign registered, it will be very good for your business. People will become familiar with your trade mark and if they know you deliver good services or products, you will be able to successfully open branches in other places. You can also use your trade mark effectively on all sorts of promotional items such as t-shirts, hats, umbrellas and wristbands.
Also, if you have established a good and steady trade mark, you will be able to get a lot more money for it should you one day decide to sell it.
It is worth getting a trade mark registered, despite the cost and admin involved. Besides being legally protected, you will have a name or sign that will help build a positive image of your company!