Do you love your brand?  Have you registered your brand elements, such as names. logos and straplines, as trade marks?  When you register your brand as a trade mark you obtain a valuable property asset.  But like buildings, that asset needs looking after.  Here are a few key tips to ensure that all important TLC is duly applied:

1. Use it or lose it.  When you obtain a trade mark registration you obtain an exclusive monopoly right.  And so you cannot unfairly hold that monopoly, meaning if you don’t use it the right can be taken away.  In the UK and many other countries the relevant use period for a trade mark registration is five years.  So make sure you use that trade mark if you want to keep it.
2. Make sure you keep ownership details up to date.  If you change address or company name ensure that the official records are updated.  It ensures that anyone who needs to get in touch will reach you.
3. Don’t allow others to use your trade mark unless you have strict controls over what they are going to do.  Your trade mark indicates you, and customers will identify it with a certain level of quality and service.  You don’t want someone else to do something that could damage that perception.  Such controls are an important part of licensing and franchising arrangements.
4. Don’t use your brand as the generic descriptor for your product or service.  If you do that you will be encouraging others to use your brand as the generic term and again you will lose your rights.  Linoleum and gramophone were once registered trade marks, but had problems with being the generic terms adopted by their inventors!
5. If you make changes to your brand consider if you need to obtain new trade mark protection to match your new get up.  Existing trade mark registrations cannot be amended.  Equally if you introduce new product lines or services, are these covered by your current protection or is new additional protection needed?
6. If you come across someone using your brand, or something so close that it is creating customer confusion, don’t delay in taking action.  The quicker such use is stopped the sooner the damage to your business and reputation can be minimised.
7. And finally, don’t forget to renew your registration.  In the UK a trade mark lasts for ten years.  It can seem a long way away, and if you don’t have scheduled a reminder to renew you might lose your rights without realising.

At Indelible IP we work with our clients to ensure that these issues are addressed and that you are alerted when official action needs to be taken to maintain your trade mark registrations.  For a free no obligation chat on how we can help you look after your valuable trade mark assets why not get in touch.