What follows is a helpful guide to help you avoid the most common mistakes:

1. Choosing a weak or generic brand name

Startups usually want something short, punchy, and intuitive, but these names will also likely be in use or legally at risk. Names that merely declare what your product or service is (like "Tasty Granola" or "Smart App") are difficult to protect and enforce.

Tip: pick a brand distinct name that does not just describe what you do. Invented words or combinations of creative words or suggestive names (such as Spotify, Monzo, or Notion) are more likely to be registrable and ownable.

2. Not conducting a trademark search

Too often, founders fall in love with a name, invest in branding, and fail to clear the name until launch. This can lead to opposition from incumbent rights holders, rebranding costs, or even litigation.

Tip: Clear a name before use or trademark application, ideally in key jurisdictions. This should check for identical and confusingly similar trademarks in relevant classes.

3. Failing to think internationally

You'll start locally, but what happens if your business is successful? If your trademark is only registered in the UK, you will not be protected if you go into other markets and find someone else is using (or has registered) a similar or identical brand overseas.

Tip: If global expansion is likely, consider protecting your trademark globally via the Madrid Protocol or through national filings in your target markets early on. Proactive protection management is easier and cheaper than enforcing your rights at a later date.

4. Filing in the wrong trademark classes

Trademarks are filed in specific classes (referred to as classes) related to the goods or services you offer. Filing in the wrong classes, or too few, can create enormous gaps in your protection.

Tip: Take some time to understand Nice Classification and ensure your trademark application specifies the right commercial activities. Don't guess or copy someone else's registration.

5. Assuming registration is the end of the story

Many startups think their brand will be safe once the trademark certificate arrives. But active enforcement is just as important. Infringement can go unnoticed or unchallenged if you're not monitoring your mark.

Tip: Set up trademark watches, track your brand online, and act fast if you notice imitators. A registered trademark gives you legal tools, but you must use them.

6. Neglecting IP ownership of freelance work

Startups use freelance developers, marketers, and designers for everything from logos to websites. However, without proper intellectual property rights assignment, the freelancer could legally own the work.

Tip: Make a point to sign written contracts allocating IP rights to your company. That way, your branding assets and trademark belong to you.

7. Neglecting copyright and design rights in branding

Utilising fonts, music, or visual content downloaded from the internet – even logos or videos – can result in copyright infringement, takedown notices, or lawsuits.

Tip: Make sure all creative elements are original or licensed correctly and think about design registrations if your product or packaging has a distinctive appearance worth safeguarding.

Final thoughts: build it right from the start

A good trademark is not merely a name but an asset with tremendous strength. Startups with their trademark strategy right from the beginning are far more likely to avoid costly rebrands, legal disputes, and missed opportunities down the line. From choosing a distinctive name, conducting proper searches, considering international protection, and owning creative assets, getting it right from the beginning can make all the difference. If you have any questions concerning trademark protection, registration, or brand strategy, please don't hesitate to contact us.

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