Your Brand Is More Than a Name: Why Trade Marks Matter for Small Businesses

When you start a business, there is already so much to think about.

The website.
The logo.
Social media.
Marketing.
Products or services.
Getting your first customers.

And somewhere amongst all of that, someone might tell you:

“Have you thought about protecting your brand?”

For many small business owners, trade marks simply aren't at the top of the list.

I understand why.

But recently, something reminded me again just how important it is that we have these conversations much earlier.

A room full of business owners - and LOTS of questions

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I recently attended a conference in Cornwall with more than 30 amazing community business and CIC owners.

I happened to be speaking about trade marks and brand protection.

Very quickly, my presentation almost turned into a Q&A - and I loved it.

There were some brilliant questions.

But something became very clear.

Again and again, it transpired that small business owners simply didn't realise some of the risks around building a brand without understanding the trade mark landscape first.

These were intelligent, experienced people running real organisations and businesses.

They weren't careless.

Nobody had told them.

And that is one of the reasons I am so passionate about making trade marks easier to understand. 

💙 The woman who became part of my “why” 💙

There is another reason this subject matters so much to me.

Her name is Claire.

I originally met Claire through my voluntary work with Blessings in Action CIC, the community organisation I founded in the South West of England.

At the time, Claire had only been running her business for around four months.

Then she received a call.

Someone else had registered the name she was using as a trade mark, and suddenly she was facing the hard reality of having to stop using the brand she had only just started building.

Just think about what you may have created within those first few months of business:

Your website.

Your social media accounts.

Your logo.

Banners.

Business cards.

Marketing materials.

Maybe branded clothing or merchandise.

And, most importantly, you have started teaching people to recognise your name.

Then imagine having to change it.

Even if you are clever enough to redesign your own website, graphics and marketing materials, there is still a cost.

Your time.

And in business, time very often means money.

There is also the potential loss of the recognition you have already started building.

Claire's experience stayed with me.

It became one of the reasons I wanted to help small business owners understand these things before they find themselves dealing with a problem.

Want to hear Claire tell the story herself? Click HERE 

(You may notice the video is on the Blessings in Action YouTube channel. That's because this is where our paths originally crossed - and, actually, I rather love that the story connects my community work with the work I now do supporting small businesses.)

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“But I checked Companies House…”

This is one of the biggest misunderstandings I come across.

You may have:

checked Companies House
bought the domain
created the Instagram handle
searched Google
checked Facebook

…and still not have checked whether there are relevant existing trade mark rights.

Registering a company name at Companies House is not the same as registering a trade mark.

Owning the .co.uk or .com domain isn't the same thing either.

And a trade mark owner doesn't necessarily need to have a company registered under exactly the same name or a separate website sitting there waiting for you to find it.

That is why, if you're creating a new:

• business
• brand
• programme
• course
• product range
• service
• sub-brand

…it makes sense to investigate the trade mark position before investing heavily into the branding.

A trade mark isn't only about stopping somebody else

This is another thing I wish more small businesses knew.

I recently explored this during a local radio interview:

A registered trade mark can become a business asset.

We often think about business assets as things we can physically see.

Buildings.

Equipment.

Vehicles.

Stock.

But intellectual property can also carry significant commercial value.

In fact, intellectual property can matter when a business is being valued, seeking investment, considering finance, entering partnerships or eventually being sold.

That doesn't mean registering a trade mark suddenly adds thousands of pounds to the value of your business overnight.

Its value will depend on the business, how the mark is used, its reputation, commercial success and the strength of the brand you build around it.

But it does mean we need to stop thinking about trade marks as simply a certificate and an ® symbol.

They can be part of the assets you are building.

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Did you know you can do THIS with a registered trade mark?

Once registered, a trade mark can potentially be:

Sold

Your trade mark rights can form part of a business sale or be transferred separately.

Licensed

You can give another person or business permission to use your trade mark under agreed conditions.

Depending on the commercial arrangement, licensing can potentially create another income stream from the brand you have built.

Used as security

A registered trade mark can even be used as security for a loan, with the security interest recorded against the trade mark.

That tends to surprise people!

This is why I often say:

Don't think only about what your brand is worth today. Think about what you are building it to become.

Read the official GOV.UK guidance on licensing, selling and mortgaging a trade mark

Registration isn't the end of the story

You've successfully registered your trade mark.

Fantastic.

But please don't file the certificate away somewhere and forget about it for the next decade.

A UK trade mark needs to be renewed every ten years if you want to keep it registered.

And there is another very simple piece of housekeeping that can save problems later:

Keep your details updated.

If your:

• postal address changes
• email address changes
• owner's name changes

the IPO needs to know.

The relevant TM21A form can be used to update the current applicant or owner's name, address or email details.

This becomes particularly important years later when renewal time comes around.

Businesses move.

People change email addresses.

Companies restructure.

Ten years is a long time.

Don't allow something as simple as outdated contact information to become an unnecessary complication.

Find the TM21A form and other trade mark forms on GOV.UK

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So, what should you take away from this?

You don't need to become an intellectual property expert.

That's my job to get excited about.

But as a business owner, you do need to understand what you are building.

Before investing heavily in a new name, check it properly.

If you already have an established business, don't assume it is “too late” to start thinking about your intellectual property.

Understand what you own.

Understand what is protected.

Understand when registrations need renewing.

And as your business grows, start thinking about your brand as something that may have value in its own right.

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Not sure where you stand?

Here's something you might not know about me yet.

If you've never had a Clarity Call with me before, you can book a short introductory call free of charge to talk through your intellectual property and trade mark needs.

There is no expectation that you need to buy something afterwards.

If I can help you, I happily will.

If what you need falls outside my scope, I'll tell you — and wherever possible, I will help point you towards somebody who can.

Sometimes you simply need someone to help you work out:

“What is my next step?”

BOOK YOUR FREE 15-MINUTE CLARITY CALL WITH MARTA

Because if something is worth building, it's worth understanding how to protect it.

Marta
TrademarQueen®
Delivering Meaningful Growth Ltd

Delivering Meaningful Growth Ltd provides specialist trade mark education, searches, filing support and practical brand protection guidance, helping business owners understand their options and make informed decisions about protecting their brands.