Have you left it too late to get a trade mark?

When I get asked by business owners if they might have left it too late to get their trade marks in place, my heart sinks because if someone is asking that question, it's usually too late. 

It's something that a lot of entrepreneurs struggle with because you don't want to apply for a trade mark too soon because if you change the business name then you'll have wasted money and you'll have to start the application process again. However, generally people don't change their entire business name and instead they continue to trade with the same name and update their branding as the business grows. For that reason, it may be that you want to hold off from applying to register your logo if there's a rebrand coming soon.

If you're choosing between whether or not you should register for just the words or the logo this might help. If there's a chance that you may change the logo then protecting the name is the most important thing to do. Obviously, if you are keen to ensure that nobody uses the design in your logo then you should protect that too but many entrepreneurs create their own logo at the start, before getting a professional to design it for them, so they don't want to invest in protecting the logo that they designed themselves and instead they protect the business name and the words only so that is secured and then once they've got their logo designed they protect that too. 

Lot's of people don't know this but registering the words and the logo are two different applications. 

So, when is the right time to apply for a trade mark?

Just recently one of my client's shared the story of how they were so close to being too late. 

We applied for my client, B's, trade mark on 26th February 2024. Just 34 days later, on 31st March a competitor applied for an almost identical trade mark. After filing their application, they also asked my client if they could buy their domain, they set up a really similar Instagram handle and registered the company name at Companies House. All in the name of B's business!!”

Seriously, people do this all the time and they don't appreciate how important it is that you get in there first. 

In the UK having the first registered rights is everything!

Imagine if B had put off applying for her trade mark until next month and her competitor had got there first and secured the registration?! 

Also, imagine if you were the competitor and you didn't realise that you weren't going to get the trade mark because someone had already applied the month before you and you then wasted £100s of pounds applying and then got opposed and you were now facing a claim for costs. Yes, we are seeking B's costs back! Clearly the competitor didn't know what they were doing and wasted their time and money.

If you've been planning to apply for a trade mark for ages, DO IT NOW!!  

You don't want to leave it too late and the more visible you get the greater the chance is that someone will copy your idea, unless you've got it secured and protected. 

I can help you to get that trade mark. I run a fully managed trade mark service, so I'll support you across the whole process, preparing and applying for the trade mark. There's very little time input from you.

Or we have a super straight forward DIY option where you can follow along with my step by step videos and apply yourself. Most people who get the course binge watch the videos in an hour and apply the same day. Imagine how amazing it would feel to have your trade mark securely registered. And then imagine how it would feel to receive a cease and desist tomorrow because someone else has registered the name and you can no longer use it.

All you need to do is choose which works best for you. 

The completely done for you service? - CLICK HERE

Or the trade mark course? - CLICK HERE

Please whatever you do, don't wait another month. It really could be too late…