Your customers may be very reluctant to get involved in a court battle andĪppear as witnesses in a dispute that they have no interest in and does notīenefit them. Obtaining all of this evidence can be extremely difficult. Have caused you sufficient losses to make the risk of taking legal action Then, of course, you need to show that the infringements Someone bought the infringing product or used the service, mistakenly thinking ![]() Next, you have to establish that your customers wereĬonfused as to who they were buying from. Or using your services on the strength of your brand and its reputation.Īs you can imagine, this can be almost impossible for a start-upīusiness or any business with a new brand. You need to prove that people are buying your products This is because you won’t have the exclusive right to your brand More difficult and there are two major hurdles you need to overcome before youĬan start legal action (a process known as “passing off”).įirst, you must prove you have a strong reputation for your use Without a registered trade mark, stopping infringers is much Protection againstįirst and foremost, trademarks help you protect your brandĪgainst infringers (that is anyone using it, or something confusingly similar To start with, I want to look at some of theīenefits of registering a trade mark and the risks of not doing so. We’ll come back to the time, effort and money involved in However, if you need some more background knowledge, please have a look at this article on Trade Mark Essentials. I’m going to assume you have some basic knowledge about trademarks and what they do. ![]() So, in this article, I’m going to try to answer theseīut, before we start, I just want to say that this isn’t a general article about trade marks. “Is it worth spending my time, effort and money registering a trade mark? If I do, what are the benefits to my business and if I don’t, what are the risks?” The question (or questions) they really want answered are: However, there’s usually aĭifferent question that they really want to know the answer to. Clients often ask whether they “ need” to trade mark their brand.
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