5 Top 'Legal' Tips when choosing a new Brand Name or Logo

1. Carry out both industry and specialist legal clearance searches, in order to determine whether the use of your proposed brand name or logo would result in you infringing someone else's legal rights in an identical or similar brand name/logo. You do not want to be sued once you start using your new brand name/logo.
   
   
2. Apply to register your new brand name or logo as a UK and/or Community trade mark. If you intend to trade elsewhere overseas then register also in those countries. Registering your name/logo will assist you to prevent others trading off your hard earned reputation and goodwill. The mere registration of a company's name with Companies House does not mean that the name is protected as a registered trade mark - and will not automatically enable you to prevent others using your name.
   
   
3. Obtain as many domain name addresses as you can that incorporate your new brand name (e.g. '.co.uk', '.com', '.net', etc.). Not only will this enable you to promote and sell your goods/services on-line, but you will also have the comfort of knowing that no-one else can use those domain name addresses.
   
   
4. Choose a brand name/logo that is not only going to work from a marketing perspective, but which is (from a technical, legal point of view) also 'distinctive', not 'descriptive' or 'deceptive', and which is capable of registration as a trade mark. Brands and logos that are not capable of distinguishing the goods and services of one trader from another, without first educating the public that they are a 'trade mark', prima facie cannot be registered as trade marks in this country. Thus, do not choose names or logos that describe your goods or services, or their characteristics (e.g. words which indicate the quality of the goods/services, such as 'WASHES WHITER' for goods such as washing machine detergents), nor logos that are common to a particular trade (e.g. a picture of a barber's pole for hairdressing services).
   
   
5. Once you have started using your new brand name or logo, monitor the marketplace to ensure early detection of any third party using your name or logo (or something confusingly similar) in relation to the same or similar goods/services for which your name/logo is registered. If you discover anything, take independent legal advice before doing or saying anything to anyone.