When to Trademark Your Brand

Building a brand takes time, effort, and investment. Whether you’re a startup, an established business, or launching a new product, protecting your brand should be a key consideration. One way to safeguard your business identity is through trademarking. But when should you apply for a trademark, and when can you use the TM symbol next to your name? Let’s break it down.

What Is a Trademark?

A trademark is a legal protection granted to a brand name, logo, slogan, or other distinctive brand identifiers. It helps prevent competitors from using similar marks that could confuse customers. In many countries, trademark rights arise from use in commerce, but registering your trademark provides stronger legal protection.

When Can You Use the TM Symbol?

The TM (™) symbol indicates that you are claiming a trademark on your brand name, logo, or tagline, even if you haven’t registered it yet. You can use TM as soon as you start using your brand in commerce, signaling to others that you consider it your intellectual property. However, TM doesn’t provide legal ownership—only registration does.

When Should You Apply for a Registered Trademark?

Here are key situations when trademark registration is highly recommended:

1. Before Launching a Business or Product
   If you’re about to launch and plan to scale, applying for a trademark early can prevent future legal disputes. Checking the availability of your brand name before investing in marketing and branding is crucial.

2. If Your Business Name or Logo Is Unique
   A strong, distinctive brand name (rather than generic or descriptive terms) is more likely to qualify for trademark protection. If your name is unique, securing a trademark early can stop competitors from copying it.

3. If You Operate in a Competitive Industry
   In industries where brand identity is key—like fashion, food, technology, or professional services—trademarking can help prevent competitors from using a similar name to piggyback off your reputation.

4. If You Plan to Expand Nationally or Internationally
   Trademark rights are territorial, meaning protection applies only in the country where you register. If you plan to expand, consider filing for trademarks in key markets.

5. If You’re Building Brand Recognition
   If your brand name, logo, or tagline becomes a significant asset in your business (e.g., customers recognize you by name), a registered trademark strengthens your legal rights.

When Should You Use the ® Symbol?

Once your trademark is officially registered with your country’s intellectual property office, you can replace TM with the ® symbol. This provides full legal protection and reinforces your exclusive rights to the mark.

The registration process is conducted through specialist lawyers and can be costly, so it’s important to weigh up the pros and cons of whether such an investment is worthwhile. Any investment in your trademark is not tax deductible, as trademarks are considered an intangible asset for accounting and tax purposes.

Final Thoughts

Using the TM symbol is a smart first step in claiming your brand, but if you want full legal protection, applying for a trademark is the best course of action. If you’re serious about brand longevity, investing in a registered trademark can save you from costly disputes down the road.

Thinking about trademarking your brand? Consulting with a trademark attorney can help you navigate the process and ensure your brand is protected for the future.