Protecting your trademark and intellectual property

A brand, a name, a logo or a unique product are among a company’s most valuable assets. Even so, many entrepreneurs only deal with protecting their intellectual property when it is too late. Yet protecting your trademark should be part of your business from the very start.

What counts as intellectual property

Intellectual property covers the intangible assets you have created or that make up your identity on the market. These include, in particular, trademarks, business names, copyright works, designs and know-how. Each of these areas has its own rules of protection: some arise automatically, others only on registration. That is exactly why it is important to know which parts of your business have value and how they can be protected from misuse by competitors.

Why protect your brand

Without protection, you risk someone else registering your brand or name, after which you will no longer be able to use it. A registered trademark gives you the exclusive right to use the brand and to defend yourself against imitations. The benefits of protection:

• the exclusive right to use the brand in your field,
• a stronger position in disputes and against imitations,
• a higher company value and greater customer trust,
• the option of granting a licence to other parties.

How to go about protecting it

1. Check that nobody is already using the name or logo.
2. Choose the territorial scope of protection according to your markets.
3. File a trademark application with the relevant office.
4. Keep watch over your brand and respond to any misuse.
5. Renew and extend the protection as needed over time.

Territorial scope and costs

Trademark protection generally applies only in the territory for which the mark is registered. If you do business abroad or plan to expand there, consider broader protection. Fees and time limits vary with the scope and they change, so check the specific current figures with the relevant office.

Common mistakes in protecting a brand

The most common mistake is putting protection off until later, when you are already investing both time and money in the brand. It is just as risky to choose a name that is too similar to an existing trademark, or to rely solely on having registered a domain or a business name. Neither of these on its own amounts to trademark protection. Before launching a brand, therefore, check thoroughly that it is available and usable in your field.

Contracts and internal rules

Registration is not the only way to protect intellectual property. Contracts with suppliers, collaborators and employees also matter: they should state clearly who owns the works created and how confidential information is handled. Well-drafted contracts prevent disputes. Pay particular attention to working with external creators, such as graphic designers or programmers, so that the rights to the works they create pass to your company and not the other way round.

Protection as part of your strategy

Well-thought-out protection of your brand and intellectual property is not an unnecessary cost but an investment in the future of your company. It allows you to keep what you have built and strengthens your position on the market. As part of running a sound business, it therefore pays to deal with it in good time and to consult an intellectual property expert. The cost of registration is generally low compared with the damage that would be caused by losing a brand or by a lengthy dispute over a name you have spent years building.

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Frequently asked questions

Why should I register my brand as a trademark?

Registration gives you the exclusive right to use the brand in your field and to defend yourself against imitations. Without it, you risk someone else registering the name, after which you will no longer be able to use it.

Does trademark protection also apply abroad?

Trademark protection generally applies only in the territory for which the mark is registered. If you do business abroad or plan to expand there, you should consider broader territorial protection. Check the specific fees and time limits with the relevant office.