As noted by the Economist: Brands are the most valuable assets many companies possess. If you only register the company name, you haven’t protected the brand. Registering your application provides national exclusivity, a legal presumption of ownership, and increased enforcement mechanisms against infringers.

When to Consider Trademarking

Before you have a mark, you should consider if it is protectable, and if so, how you will protect it. We generally recommend reviewing your proposed brand to see if it will be registerable, this involves a consideration of the mark itself (is it distinctive, is it generic or descriptive, a prohibited mark, etc.) and a trademark search to see if there is any other users with pre-existing rights.

If the mark can be registered there are a number of benefits to applying early. In many cases it is a good idea to file and begin to protect your brand before you launch the products and services you’ll be using the mark with based on proposed use. Sometimes this can be a great way of letting you know if there is a problem with the name before you invest heavily in the brand.