What is a trademark?
A trademark is a legal protection for a brand's identity. It can be a word, a name, a logo, a tagline, or even a slogan that distinguishes one product or service from others. When you create something original, such as a business name or logo, that work is automatically protected by copyright, but to get exclusive rights to the name or logo, you need to register it as a trademark.
Copyright vs trademark
Copyright and trademark are forms of intellectual property protection used for your brand. However, both serve different purposes.
Copyright protects original works of authorship, such as art, music, literary works, and software. It automatically applies when you create something original, and it gives you the exclusive right to reproduce, distribute, and modify your work.
Trademark, on the other hand, protects symbols, names, logos, and slogans that distinguish your business from others. It’s about protecting your brand identity, ensuring that no one else can use a similar mark that could confuse consumers. It needs to be registered by the brand.
In short, copyright is for protecting creative works, while trademark is for protecting brand identity.
Types of trademarks
Before you plan to register your brand elements with a trademark, understand the types of trademarks.
Word mark: These are words or combinations of words that identify and distinguish your brand, like a unique business name.
Logo marks: Logos or graphic representations of your brand, like a symbol or graphic design.
Combination marks: This refers to the combination of words or a combination of words and graphics used to identify a brand.
Sound marks: Certain sounds that are associated with your brand. It can be an audio logo, a jingle, or any music that you own as a brand identity.
Trade dress: This refers to the appearance of the packaging you have designed for your products.
Why is a trademark important?
Have you come across brands that have started very early and changed their name because another brand has purchased a trademark for the same name? This is why a trademark is important. You will have your own brand identity, so no one will use it. Here are some reasons why it is important.
Protects your brand: A trademark prevents other businesses from using similar names or logos, which could cause confusion and damage your brand’s identity.
Gives you the legal right: A registered trademark gives you the legal right to stop others from using your brand’s name or logo without your consent.
Becomes an asset: A trademark can increase your business value when you plan to sell or expand the business after gaining a certain brand credibility.
Improves brand presence: Have you looked for clothes of a particular brand? This is exactly what the trademark does. It creates a unique brand presence and increases the loyalty of the customers towards your brand.
How to trademark your brand?
Trademarking your brand is a simple process. However, you need to pay attention to some details. Here is how you do it - step-by-step.
Step 1: Choose a brand element that needs to be trademarked.
It can be your brand name, logo, sound, or anything that only belongs to your brand. Make sure it is original and sets your brand apart from others. Avoid picking up generic elements.
Step 2: Conduct a trademark search
Trademark protection in one country does not automatically extend to other countries. If you plan to operate internationally, you’ll need to file for trademark protection in each country you plan to do business in.
In case you are operating only out of the Netherlands or in Europe, you can do a check in the Benelux Trademark Office database (for the Netherlands, Belgium, and Luxembourg) or the EUIPO database (for European Union-wide protection)
Step 3: File for the trademark
Start by filing for regional trademark protection. For example, in the European Union, you can file a trademark with the EUIPO that covers all EU member states.
Use the Madrid system to file it internationally. The Madrid Protocol allows you to file a single application with the World Intellectual Property Organization (WIPO) to register your trademark in multiple countries. This is a cost-effective way to gain international trademark protection.
Step 4: Monitor and maintain your trademark
Monitor who is trying to violate the rules and use your trademark. If someone tries to use a similar mark, take legal action. Trademarks need to be renewed regularly (usually every 10 years) to stay protected. Make sure you are renewing it at the right time.
By registering your trademark, you secure the exclusive rights to your brand and help prevent others from using it. Trademarks are just one part of protecting your intellectual property. You should also understand what copyright is and how image usage rights work to keep your full online presence legally safe. Follow the necessary steps we have suggested to trademark your brand. For the full picture on building your online presence, read our pillar guide on what a website is and why you need one.
Frequently asked questions
What is the difference between a trademark and a patent?
A trademark protects brand identity like names, logos, and slogans. A patent protects inventions, processes, or designs. Trademarks last as long as you renew them and keep using them. Patents expire after a set period, usually 20 years. If you are building a brand, a trademark is what protects how people recognize you.
How long does it take to register a trademark?
It depends on the country and the complexity of your application. In the EU, registration through EUIPO typically takes 4 to 6 months if there are no objections. International registration through the Madrid Protocol can take 12 to 18 months. Start the process early so your brand is protected before you scale.
Can I trademark a business name that is already in use by another company?
Only if the other company has not registered a trademark for it in your region or industry. Before filing, conduct a thorough trademark search in the relevant databases. If the name is already registered for a similar product or service in your market, you will need to choose a different name to avoid legal issues.
Do I need a trademark if I only operate online?
Yes. Online businesses are just as vulnerable to brand copying as offline ones. Someone could register a similar name or logo and create confusion among your customers. A trademark gives you the legal right to stop them. It also strengthens your credibility when customers see that your brand is officially registered and protected.
How much does it cost to trademark a brand?
Costs vary by region. Filing with EUIPO starts at around €850 for one class of goods or services. Filing through the Madrid Protocol for multiple countries costs more depending on how many countries you select. The investment is small compared to the cost of rebranding if someone else registers your name first.
Does WEMASY help with branding and brand identity?
Yes. While WEMASY does not handle trademark registration directly, the website builder helps you build a professional online brand identity. You can create a branded website with your logo, colors, and domain name. A strong online presence, combined with a registered trademark, gives your brand the credibility and protection it needs to grow.
