How do I protect my
business name or brand?

Your business name or product brand distinguishes your goods and services from those of other traders; it allows your customers to ensure they are purchasing from you and not another party by mistake.

It is advisable to protect your business name and any branding you use to refer to your products or services by registering them as trade marks.  Registered Trade Mark rights allow you a monopoly to use your mark for your goods/services, as well as the right to prevent others from doing so.

There is a great deal of scope in what can be registered as a trade mark. Examples of commonly registered marks include trade names, logos and designs.  However, more unusual marks may also be protected, such as slogans, shapes, colours, sounds, smells and moving images. 

Unlike patents and designs, a trade mark can be registered at any time, whether you have been using your mark for many years, or where you have a new business or product you want to get off the ground.

Bear in mind however that trade mark rights are territorial in nature, meaning you only hold registered rights in those countries in which you register.  If your business operates overseas or you have a potential licencing opportunity which could expand your markets, it is worth reviewing whether you need to look at securing registered trade mark protection in those territories to safeguard your interests.