Do these things before you launch your 'brand name'

Before you spend another penny hiring a graphic designer to produce your dream logo design or producing the marketing materials you may want to check the legitimacy of your brand name. 

I recently settled an agreement with a company based in Europe that opposed my trademark because of a similar sounding name to my own. 

They are a much bigger company, but believed my mark may cause confusion if registered. 

As a new brand owner, it was a setback waiting to hear news from them on whether we could co-exist. I had already had begun using the trademark and imprinting it on all my products and services. Luckily for me, we got to a co-exist agreement that did not cost an arm and a leg in legal fees. 

Here are some top hints for making sure you protect your brand.

1. Hire a trademark lawyer

Depending on the type of brand you are launching you may want to check if the trademark route is for you!

This is not a cost to skimp on if you have money to put in your brand's products and services. Then you should set aside funds as it gets tricky to register in territories beyond your home location and will likely cost you more to fight a legal battle than register a mark. 

Learn from companies like Supreme. You don't want to end up in a similar situation. 

2. Perform an in-depth search on your brand name on all platforms

You want to check on all possible outlets if your brand name exists.  

Do a Google search, check the trademark website? Check social media, check domain websites? You want to be sure that no-one holds a similar likeness to your brand name in the same industry. 

3. Get some expert feedback 

Often times we think a brand name may sound cool, it could sound bad and even worse offensive in another language. I believe it's important that your brand name resonates the vibe of what you are offering. 

In the case of Kim Kardashian, what may have been an innocent error in naming her shapewear line 'Kimono', turned into huge backlash resulting in a delayed launch and millions lost in re-branding and packaging re-design which has now been changed to Skims'. 

4. Are your brand logo and design assets unique? Do you own the rights to it? 

It's important if you are employing someone to design your logo. You must be aware of the origins of the logo design itself. If you are planning to register your trademark with the icon of your logo and it looks similar to another mark you could be in trouble and that application could be objected. 

This article is written from my own experience, please do consult legal advice if you have any questions regarding trademark law. 

Written by Christina Banjo, Founder of Always Create Co.