Our client has an expanding insurance brokerage service and consulted us on whether he should register his trade mark, what the benefits of registration were, and whether the cost will justify it.
We first did an audit of his branding and use of his trade mark at his business, on his website, advertising, signage and email signatures, including a full commercial history of his business under his brand. His trade mark consisted of an ordinary word used in conjunction with a distinctive wave design and colour and the question was whether his mark would be registrable as being sufficiently and inherently distinctive in the category of services in which he conducted his business.
A search of the trade mark register, the companies office and the internet and other platforms did not reveal any prior registrations or use which would pose as an obstacle to his intended registration. Our client had consistently used his brand in the same format to build distinctiveness in the insurance brokerage services industry and we accordingly filed his trade mark application.
Trade marks, as a category of intellectual property are valuable business assets which justify protection by registration and often become central to the goodwill of a business – goodwill being that attractive force which brings in custom. Trade mark registration not only prevents competitors from attempting to parasite your business but also enables you to consider franchising and licensing, as well as tax planning, enhancing the value of your business.