“Should I Trademark My Business Name: Everything You Need to Know?”
“Why Trademark a Name/ AI Raqeem”
“Should I trademark my business name UK?”
“If I register a business name do I need to register a trademark ?”
“How do I trademark my business name and logo? ”
One of the common hottest issues which hang around in the mind of kick-starters, and which is definitely worth a discussion. For easier illustration, we now presume that you have just set up a LONGCLEAN Company Limited for retailing PICKY branded personal care products. While registering the brand name – PICKY may be a no-brainer, it might puzzle you:
(i) do I need to trademark my business name – LONGCLEAN; and
(ii) how do I trademark my business name and logo?
In our article “Do I really Need a Trademark For My Business?”, we have discussed whether we should register brand names for our businesses in general. Before considering the issue “Should I need to register trademark my business name?”, it is worthwhile to revisit our article.
We highlighted the fact that customers being repeatedly impressed will recognize and build a connection and trust with your brand. Trademarks also primarily help the customers reduce the costs of searching for good-quality products/ services, and a premium could then be charged in compensation for such search cost reduction once bonding is built. Trademark application system can deter competitors from riding on your reputation with the customers. This is why you want to register the “Picky” trademark for your branded personal care products.
At first sight, it may be less obvious if you should also register a “LONGCLEAN” mark. But like playing chess one or two moves deeper, we would say it is still very much preferable to register a trademark for your company name. In fact, the above discussions on the reduction of search costs and brand premium could equally apply to your business name. As a customer, you will probably also look into the name of the manufacturer before any purchase, especially if safety concerns are involved (such as toys and foods). The identity and reputation of your company certainly play also a role in creating bonding with the customers, in addition to your brand.
Moreover, it is not uncommon in the modern business world that a company holds a few brands for its different lines of businesses, say for example if LONGCLEAN Company Limited also runs another line of “TRUSTY” for health care products. As such, your business name trademark “LONGCLEAN” is a common thread for “PICKY” branded personal care products and “TRUSTY” branded health care products. We call LONGCLEAN a house mark, which is central to your branding.
Company Registration vs Trademark Registration
Many kick-starters may be confused between company registration and trademark registration – When I have already duly registered a company, why trademark the company name ?
You have to realize first that company and trademark registrations are basically two completely different systems regulated by separate governmental authorities. Some of you may therefore mistakenly believe that once you set up your LONGCLEAN Company Limited, others will naturally be barred from registering LONGCLEAN as a company name or even filing a trademark application for LONGCLEAN. This is unfortunately not true. In reality, the Companies Registry will only reject company registration for (almost) identical company names. Hence, registration of your company name with the Companies Registry does not automatically stop others from registering a similar company name, not to mention registering a similar/ identical trademark .
You may say, “OK, I am not at all concerned about stopping others from using LONGCLEAN, but I am so happy to secure the company registration of LONGCLEAN Company Limited so I can safely use it for my business”. Fair statement, but again, this is not necessarily the case. In fact, if someone files a “LONGCLEAN” trademark application before the set-up of your LONGCLEAN Company Limited, you may still run the risk of infringing earlier trademark rights, even if you have already duly registered the LONGCLEAN Company Limited with the Companies Registry.
Trademark is arguably a bigger right with greater enforceability. Any commercial use of a registered trademark (including using it as part of a company name) which creates confusion among the market could well be considered an infringement.
Hence, registering a trademark for your company name gains you two advantages;
(i) a safer right to use your company name;
(ii) a huge weapon against bad faith infringers from any use of a mark similar to your company name.
This is why you should trademark your company name but not only register your brand name.
How do I trademark my Business Name and Logo?
If you are a fan of Trasomark, you have probably learnt some general tips on how to register a trademark from varied perspectives,
for example, Filing a Logo Mark application is preferred to Word Mark?. When you would like to DIY file a business name trademark like “LONGCLEAN”, they shall give you useful initial guidance. But are there any special concerns about business name trademark filings?
As discussed above, a business name trademark could well be a housemark, and in any event, embodies your corporate images. In addition to your business fields (personal and health care products), you may therefore want to cover more classes such as class 16 (letterhead, paper materials, etc) for your housemark when filing a trademark application .
Meanwhile, a full company name (such as LONGCLEAN Company Limited), if not designed, may not be acceptable for trademark registration under the current Taiwan examination standards. While this sounds strange enough, this highlights the importance of pre-consultation with a good local attorney for the very details of the local practice.
Conclusion
Do I need to trademark my business name ? How do I trademark my business name and logo ? We hope that by now you can put beyond doubt these concerns and go all the way for strengthening your trademark portfolio by registering a trademark for your company name.
