In today’s competitive market, registering your trade mark is an essential first step in securing your brand identity. But protection doesn’t stop there and thinking it does can leave your brand dangerously exposed.
Consultant Sajjad Khan explains that while trade mark registration offers valuable legal protection, it is only the start of the journey in protecting your brand. Failing to monitor and defend your mark can undermine the very value you sought to protect.
In this article, we discuss the critical steps to trade mark protection, from clearance searches to registration and, crucially, the why the ongoing role of a trade mark watching service must not be overlooked.
What is a Trade Mark and Why is it Important?
A trade mark is a unique sign that distinguishes your goods or services from others in the market. It may consist of a word, logo, symbol, sound, colour, or a combination of these. Once registered, it grants you exclusive legal rights to use that mark in relation to specific goods or services.
Trade marks are powerful commercial assets. They build brand recognition, customer loyalty, and business value. But only if they’re properly protected – not just initially but over time.
Initial Steps in Trade Mark Protection: The Importance of a Trade Mark Clearance Search
Before you file for trade mark registration, you must ensure the brand is free to use. This is where a trade mark clearance search comes in. The purpose of the search is to identify any existing marks that are similar or identical, which may pose legal risks or potential opposition.
Failing to do this could lead to:
- Infringement proceedings
- Forced rebranding
- Financial loss
- Reputational damage
Given the number of existing registrations, searches often reveal third-party marks of varying degrees of similarity. Our role as your adviser is not just to spot these, but to assess:
- The legal risk of infringement
- The strength or weakness of the prior rights
- The commercial risk you are willing to accept
Costs for clearance searches vary depending on how many classes or jurisdictions are involved, but investing in a comprehensive search can save you significant costs further down the line.
Registering Your Trade Mark: A Key Milestone, Not the Finish Line
Once your trade mark has cleared the search stage, registration is your next crucial move. This formalises your rights and gives you legal standing to enforce your mark. However, registering your trade mark is not the end of the story.
Assuming that once your mark is registered, your brand is safe, can be a costly misconception.
The Role of a Trade Mark Watch Service: Vital Ongoing Protection
After registration, your trade mark needs ongoing protection. One of the most effective tools for this is a trade mark watching service.
A trade mark watching service continuously monitors new trade mark filings and alerts you if any are too similar to yours. It allows you to act before those marks are registered, preserving your brand’s integrity and market position.
Without a watch service, you risk:
- Competitors registering confusingly similar marks
- Customer confusion and misdirected sales
- Dilution of your brand’s distinctiveness
- Damage to your reputation
In short, you need to defend your mark just as actively as you built it.
How Our Watching Service Works
We offer a robust, global watching platform tailored to your business needs:
- You choose the territories and classes relevant to your brand.
- The service monitors new filings daily, generating alerts for potential conflicts.
- Our team reviews each alert, highlights genuine risks, and advises you on next steps.
- We offer transparent pricing with a fixed annual service fee plus third-party agent costs—typically a fraction of what a single infringement action would cost.
- Our service ensures you never miss crucial deadlines, such as those from the UKIPO or in other territories.
- Early interventions are almost always less costly than formal oppositions or litigation.
We can also set up watches for company names and domain names, giving you even broader protection.
Trade Mark Protection is an Ongoing Responsibility
Building a brand is hard work and so protecting it should be a top priority.
From conducting a clearance search to registering your trade mark and then actively monitoring its use, each step is vital. Don’t fall into the trap of believing your role ends with registration. Without continuous monitoring, you may not realise your rights are being eroded, until it’s too late.
Trade mark protection is not a one-off event; it’s an ongoing strategy. Get in touch to find out how our trade mark clearance and watch services can give you the peace of mind you need to grow with confidence.
