Many businesses focus heavily on sales, funding and marketing in the early stages but overlook one of their most valuable assets - their intellectual property (“IP”). Your business name, logo, products, designs, technology and know-how may all have significant value and may need legal protection.
Failing to protect your IP can leave your business exposed to competitors copying your ideas, damaging your brand, or preventing you from using a name you have invested time and money promoting.
Trade Marks – Protecting Your Brand
A trade mark protects the identity of your business and helps customers recognise your products or services. This can include:
- Business names
- Brand names
- Logos
- Slogans
- Product names
Registering a trade mark gives you stronger legal rights and can help prevent others from using a confusingly similar brand.
Before choosing a business name, you should:
- Check Companies House
- Search online and social media
- Check domain name availability
- Consider whether the name or logo should be trade mark protected
For many businesses, a strong brand can become one of their most valuable commercial assets.
Patents – Protecting New Inventions
If your business has developed a new product, process or technical innovation, you may be able to apply for a patent.
A patent can provide exclusive rights to use and commercialise an invention for a set period of time, helping businesses:
- Protect innovation
- Attract investment
- Create licensing opportunities
- Gain a competitive advantage
However, patent protection can be lost if an invention is disclosed publicly before an application is made. It is therefore important to seek advice early and keep confidential information protected.
Not every idea can be patented, and the process can be complex, so professional advice is strongly recommended.
Copyright and Design Rights
Copyright protection can automatically apply to:
- Website content
- Marketing materials
- Photography
- Software
- Written content
- Artwork and creative works
Businesses may also benefit from design rights which protect the appearance and visual design of products.
Confidential Information and Trade Secrets
Many businesses also rely on confidential information such as customer lists, pricing structures, formulas, processes or business plans.
Practical steps to protect confidential information may include:
- Non-disclosure agreements (NDAs)
- Confidentiality clauses in contracts
- Staff training and policies
- Restricted access to sensitive information
Taking Early Advice
Intellectual property issues are often easier and less expensive to address early rather than after a dispute arises.
Professional advice can help businesses:
- Identify valuable IP assets
- Avoid infringing third-party rights
- Put suitable protections in place
- Develop a long-term commercial strategy
Even small businesses and start-ups should consider IP protection as part of their overall business planning process.
We’re happy to offer a free 20-minute introductory meeting for anyone who would like reassurance before investing further in marketing, product development or new launches.
We, Maucher Jenkins are based in Basingstoke and if you — or a colleague — would like a quick conversation, please feel free to get in touch at marketing@maucherjenkins.com
John Daughtrey
Maucher Jenkins
