insights

Should you trademark your brand?

06 May 20224min read

It’s clear we are passionate about brands and logos here at Thirst. We love creating, sharing, giving meaning, symbolising and adding flavour to them. The words, images and colours of a brand logo grab attention, makes a strong first impression, acts as the foundation of your brand identity, separates you from competition, fosters brand loyalty and is recognisable and memorable by your audience.

As we all know, brand logos are an integral part of a company's branding efforts; they can be interpreted as the face of the business and represent what the business stands for. Did you know that we are exposed constantly to thousands of different symbols daily and are making connections to brands without even knowing?

Because logos are a part of branding, and branding is one of the most valuable asset your company owns, it is essential, and often overlooked, that they are protected. Why? Competitors may infringe on your creative intellectual property and steal the reputation and loyalty that has been built. Intellectual property refers to creations of the mind that are protected by legal rights and can be in the form of:

  • Trademark
  • Copyrights
  • Patents
  • Trade secrets

A trademark relates to logos, because a trademark can be a brand, a form of intangible legal property and is used to distinguish one person’s goods and services from another. A trade mark registration will provide your business with the exclusive right to use its new brand in connection with the goods and services that it offers.

Why should your brand register a trademark?

  • Exclusive rights to use, licence and sell mark
  • Prevent competitors from registering a similar trademark
  • National protection

What is the difference between copyright and trademark?

Copyright is a type of intellectual property that gives rights to make copies and distribute creative work. Copyright usually exists within music, art, videos, photos, written literature and sounds. You need to make sure your brand doesn't copy a "substantial part" of someone else's work.

  • Logos can be copyright work a trademark
  • Can't use a copyright work in a TM without authors permission
  • Agencies must ensure their decisions are original

Here at Thirst, when naming and creating brands, we assess the availability and use of colour, semantics, and domains. We partner with legal teams to ensure we dot the i's and cross the t's when it comes to trademark and copyrights. Get in touch with Thirst for your brand logo refresh and any brand intellectual property and trademarking queries you may have.

If you are interested in exploring the right trademark available to you further, take a look at the website of our long term client FB Rice, global IP specialists.