Has your trade mark protection kept pace with your business?

Businesses evolve. Products and services change, logos are refreshed and companies expand into new markets. But trade mark protection put in place several years ago can easily be overlooked.

So, when did you last review yours?

Your brand may have changed

Logos often evolve over time. If a new version differs significantly from the one originally registered, it may be worth protecting the updated version too.

This is particularly important because older registrations can become vulnerable to non-use challenges. If the mark you now use differs materially from the registered version, relying on that registration may not always be straightforward.

Are the right products and services covered?

Your business today may look very different from when your trade mark was first filed.

Perhaps you have introduced new products, expanded your services or moved into an entirely new area. While a well-drafted trade mark specification can provide some flexibility, it cannot necessarily anticipate every future development.

A regular review can identify whether commercially important products or services have fallen outside your existing protection.

Have you expanded into new markets?

The same applies geographically. If you now operate, sell or plan to launch in countries that weren't part of your original trade mark strategy, it is worth checking whether appropriate protection is in place.

Ideally, this should happen before entering a new market, rather than after you have invested in launching there.

A review doesn't always mean spending more

Reviewing your portfolio isn't simply about filing more applications.

You may have registrations for old brands, discontinued products or countries that are no longer commercially important. Allowing lower-value registrations to lapse can free up budget to strengthen protection where it matters most.

For larger portfolios, it can also be useful to prioritise brands according to their commercial importance, focusing investment on core brands and markets.

When did you last check yours?

You don't need a huge trade mark portfolio to benefit from a regular review.

Every few years, it is worth asking:

• Are we protecting the marks we actually use?
• Are the right goods and services covered?
• Do we have protection in the markets that matter to us?

As your business evolves, your trade mark protection should evolve with it. A relatively simple review can identify gaps, remove unnecessary costs and leave you better prepared if you ever need to enforce your rights.

To get you started, download our online checklist which will assist with reviewing the key components of any trade mark portfolio.

Get in touch if you wish to discuss any of your findings or delve deeper into your strategy for trade mark protection.