Protecting Brand Identity During Trademark Registration

The legal and commercial importance of trademarks for brands and businesses cannot be overstated. By granting legal protection to registered trademarks, the law ensures that businesses offering goods and services can be distinctly identified by their customers. Consequently, selecting a trademark for a brand or business is a decision that requires careful consideration of its legal implications. In my experience, I have observed numerous mistakes made by brand and business owners during this process, some of which I will highlight in this post. One common error, particularly among local businesses, is choosing a trade/business name that incorporates an already registered trademark, and applying for a trademark with that business name. Even if such a name has been accepted for registration by the Corporate Affairs Commission, it may still be challenged by the owner of the registered trademark. If successful, the challenge could result in liability for trademark infringement, forcing the business to re-register under a different name which may have significant commercial consequences. This outcome is expected, as courts have accorded priority to registered trademarks over business names. Another pitfall is the use of suggestive trademarks that hint at the nature of the goods or services offered e.g. ‘Rider’ for a logistics service or descriptive marks that describe the goods or services provided. This should be approached with caution because these marks risk losing their distinctiveness over time and becoming generic, thus weakening their legal protection. Moreover, trademarks that are suggestive or descriptive are ineligible for defensive registration under Section 32 of the Trademarks Act, a provision reserved for trademarks consisting of invented words that have become well-known. These are just a few of the critical factors brand and business owners must consider when selecting a trademark. To navigate the complex legal and commercial landscape effectively, business owners should seek professional legal advice to ensure a thorough understanding of the legal and commercial implications involved and safeguard their brand’s identity and value. #trademarks #trademarkregistration #intellectualproperty #brandidentity #sbp

Harper Beckham just got blocked from launching her beauty brand in the U.S. and it's a useful lesson for any founder building a brand. In October 2025, the Beckhams filed for "HIKU by Harper" in the UK. They used WIPO's Madrid Protocol (the international system that lets you file once and extend protection to multiple countries) to designate the United States. On April 29, the USPTO sent back a Notice of Provisional Full Refusal. Two prior registrations got in the way: "HIKU" is already registered in the U.S. for toiletries and fragrance "HARPER" is already registered for household brushes Both close enough to trigger Section 2(d), the part of U.S. trademark law that blocks marks likely to confuse consumers with existing registrations. Three lessons for founders: A clean filing in your home country doesn't guarantee protection abroad. Madrid Protocol applications still get examined under each designated country's rules. The U.S. cosmetics register is crowded. Names that look "available" on a Google search often have prior registrations in adjacent classes (think toiletries, brushes, hair accessories). Clear before you commit. A proper clearance search and knockout opinion costs a fraction of what you'll spend on branding, packaging design, and first-run inventory. The Beckhams have time to respond but they're now defending the mark instead of launching it. Clear your name in every country you plan to launch in, before you spend on branding. #trademarklaw #brandprotection

Dear Founder, Don’t build a brand you don’t own. It’s one thing to be creative, it’s another to be legally protected. In the early stages of building, founders pour energy into the product, users, and funding but often neglect one crucial area: Trademarking their brand. Your brand is your identity, and not protecting it is like building a house on a land you don’t own. Zap Africa, a Nigerian fintech startup, had built a strong presence and trusted brand. Then, Paystack launched a consumer-facing app for fast bank transfers and named it Zap. This led to a wave of confusion: Users mixed up the brands. Some thought they were partnering with Paystack, others believed Zap Africa had rebranded. “Some of our customers were confused. Some even thought we were partnering with Paystack. This is honestly harmful to our brand.” — Tobiloba Asu-Johnson, Founder of Zap Africa. In finance and crypto, trust is everything. Confusion like this could lead to lost opportunities, partners, and investors.: Zap Africa did have a trademark, but it wasn’t under the right class. It was not registered under Class 36, which covers financial services. This is a crucial point, and many founders make this mistake. They choose cheaper or quicker classes, without realizing the long-term implications. Here’s What You Need to Know: 🕹️ If you're building in fintech, trademark under Class 36 🕹️ E-commerce? That’s Class 35 🕹️ Software or tech? You need Class 9 or 42 🕹️ Consult a legal expert, not just a registration agent. Your brand is more than a logo. It’s trust, recognition, and value in the marketplace: 🕹️ Secure your brand name 🕹️ Trademark your logo and slogan 🕹️ Protect your domain names 🕹️ Register in the correct class 🕹️ Be proactive, not reactive Because if your brand isn’t protected, it can be taken, reused, or stepped over. Not protecting your brand is like handing over the keys and hoping no one walks in. In a world where perception is currency, your brand is everything. Build. But protect.

I love sharing real trademark wins, and this one just happened last month. One of my clients was thoughtful about her brand protection, clearing her name and filing an Intent-to-Use application before launching her business. Smart move? Absolutely... and here's why. Less than two months after filing, and just as she began using her brand name, another business launched in her exact industry with the IDENTICAL name. This could have been a nightmare scenario - except for one crucial detail: her ITU application. Because we filed that application, my client's filing date is considered her "constructive use" date. Even if this other business had filed an application based on actual use in commerce after that date, she will still have senior trademark rights (provided, of course, that she meets the subsequent requirements, which she did/will). By filing her ITU app, my client essentially secured her place in line - and this was a huge win for her business. That other business? They'll need to find a new name, even though they've already started using it. This isn't a hypothetical scenario or a cautionary tale - it happened just weeks ago. And it perfectly illustrates why waiting to file can put everything you're building at risk. If my client had waited until she was "ready" to file, she might be the one facing a rebrand right now... I'm so glad she started SMART!

If you ever visit Bali, you'll notice a flood of Polo Ralph Lauren stores... All selling Polo apparel at almost 60% off the retail price... And despite the on point branding of the stores, they're all fake - not the original Polo Ralph Lauren... And this is because in the late 1970s, an Indonesian man trademarked the brand name, colours and logo in Indonesia, much before the American company decided to enter into that market. So all the stores can legally operate under the Ralph Lauren name and with the logo, but are not owned by the original American company we know of. Plus, the original brand cannot sell its products in Indonesia. And so that the same thing doesn't happen with your brand anywhere around the world... you must take these steps while registering your trademark... 1/ After registration of your trademark at the Indian Trademark Office (ITO), within six months file for a global trademark that is valid in 130 countries through a WIPO application which happens from the ITO itself In certain countries like China, Indonesia, Vietnam, Philippines, Singapore, South Korea and Japan - also make a separate filing independent of the WIPO application - as these countries have a first-to-file method, which means if someone else files before you, they get the right even if you have been using the brand for longer 2/ To increase defensibility, also register variations of your trademark in other languages such as Chinese, Arabic - as well as trademark common misspellings of your name 3/ Consider getting a trademark not just in the same category in which you currently operate, but allied categories where you may operate in the future as well - for example, an apparel brand may want to enter bags, shoes, or even cosmetics, watches and sunglasses later. These days, even as small D2C brands begin to sell online and start getting orders from NRIs outside of India - it becomes important to protect your brand not just in your country of origin, but even elsewhere. #casarthakahuja

Beyond Meat just got hit with a $39 million jury verdict for trademark infringement. The trademark they used: “Great Taste, Plant-Based.” The trademark they infringed: “Where Great Taste Is Plant-Based.” (owned by Vegadelphia) ### So... how can your company avoid ending up in a similar situation? Here's how I have kept clients away from $39 million problems: 1️⃣ Conducting proper trademark searches. The first line of defense against a trademark infringement claim is to conduct a real trademark search before launching a new name or slogan. And no... this does not mean doing a quick search online yourself. You’d be shocked at how many companies try to save a few dollars here, skip full clearance searches, and put millions at risk. 2️⃣ Risking my client relationship by saying, "Don't use that name." No client wants to hear that their favorite name is a legal landmine. This week alone, I spent 3 hours talking a client out of a name that would have blown up later. It’s risky for me to take this position. Clients have fired me for it. But protecting the client sometimes means telling them what they don’t want to hear. 3️⃣ Focusing on settlement Most litigators are great at fighting — not great at settling. I once heard a litigator say, "If we are talking settlement, I am losing [money]." Ultimately, in litigation, a settlement is typically a win (even if it comes with some concessions). I constantly challenge our client and opposing counsel to find a mutually beneficial solution. ### Ultimately, companies face more trademark risk in today’s crowded marketplace than ever before. This verdict is a $39 million reminder. #trademarks #brandprotection

Filing a trademark application? Here's a critical fact: Over 65% of businesses need protection in multiple trademark classes - yet many don't discover this until it's too late: Here's what happens when you choose the wrong trademark class: • Your $250+ filing fee is lost (non-refundable) • Core products/services remain unprotected • Competitors can claim rights to your brand in other classes • You'll need to start the entire process over Smart businesses like Apple Inc. protect their brand across multiple classes: Class 09: Electronics and software, including computers, smartphones, and operating systems. Class 38: Telecommunications services, such as FaceTime and iMessage. Class 42: Technology services, including cloud computing (iCloud) and software development tools. Class 35: Retail store services, covering both physical Apple Stores and online sales platforms. Our comprehensive guide reveals: ✓ Step-by-step class selection process (with real examples) ✓ Strategic multi-class filing approaches that save money ✓ Common classification mistakes to avoid ✓ International trademark protection strategies Tap below to read "Trademark Services Classes: How to Choose the Right One for Your Business". Don't risk your brand's future with incomplete trademark protection. Get the expert guidance you need to secure comprehensive coverage. #trademarks #brand #intellectualproperty #trademark