Member Article

Safeguarding your brand, a vital first step in business

Consider iconic global brands, Coca Cola, Google and Cadbury – what do they all have in common? Having the foresight in the early days of business start-up meant they were canny enough to trademark their brands and today are reaping the benefits of safeguarding their greatest asset. Luke Burton, manager of the Business & IP Centre Newcastle gives his advice on trademarking for start-ups.

When launching a new business, there are numerous things to consider, from hiring staff to finding a new office. One task many entrepreneurs neglect during this busy time is to think about where their brand will be in five, or ten years’ time, and how important it is to protect it.

Many business owners may feel the possibility that their venture could be globally recognised is a pipe dream – even the founders of organisations like Google or Facebook could never have imagined that they would become household names, with millions of people identifying them only by the image depicting the first letter of their name. But if you are putting your heart and soul into an enterprise, it is imperative you protect your name, or risk all your hard work going to waste.

The world of intellectual property may seem like a minefield for small businesses, it is worth investing the time in doing it right to ensure you are protected from the risk of anyone else in the future trying to take your name, or accusing you of stealing theirs.

The first step is to register your company name with Companies House – a process most start-ups will be aware of, as it is impossible to incorporate a limited company without doing so. You can go to its website to browse which names have already been taken. It is worth doing this before setting your heart on a brand-name! Also check the trademark register at the same time, to ensure the name you are thinking of using hasn’t already been taken in another country or is not registered to a sole trader.

Think carefully about whether the name suits your business now, and your long-term aspirations, as rebranding is not an exercise taken lightly. If it is a family business, it makes sense to capitalise on that as an asset and use your shared name; if it is a consumer product or service, make sure the name is illustrative to ensure it resonates with the target audience. If you have grand plans for international growth, check the name doesn’t have any differing meaning in other countries.

There are numerous examples of brand names that have caused offence when directly translated, such as the Ford truck Fiera model which in Spanish gave the vehicle a meaning of ‘ugly old woman’! As soon as you have decided and Companies House has accepted your application, no-one else in the UK can register a limited company with that name.

Trademarking may be the next step to consider, which can be done via the Intellectual Property office (IPO). Trademarks can cover the company name, logo, phrases such as advertising slogans or individual product names. It is recommended a trademark search is carried out first to check there are no existing conflicts and to save you a wasted application. Fees apply and it will take up to two months for your application to be examined.

Following this, there will be a period of time when an objection can be raised. Assuming no objections, you will be granted registration of that trade mark, which can then be renewed every ten years. The IPO can also process any registering of designs to protect the look and appearance of your product.

Finally, you many need to look at protecting your business through copyright. This is particularly pertinent if you are creating music, literature or photography that you do not want anyone to ‘steal’. Different guidelines apply depending on the material being copyrighted so it is definitely worthwhile researching this before making any of your work public.

Protecting your name and brand may seem like an additional headache when dealing with all the other aspects of setting up a business, but it is an area where you should not cut corners.

Luke Burton is manager of the Business & IP Centre Newcastle. The Partnership delivering the Centre comprises Newcastle City Council, Newcastle Science City, Northumbria University and the British Library, with support from the European Regional Development Fund. For more information visit http://www.bipcnewcastle.co.uk/

This was posted in Bdaily's Members' News section by Newcastle Business and IP Centre .