What Happens If I Don’t Register My Brand As A Trademark?

Category: Trademark Information

Don’t forget to register your brand as a trademark to ensure you are fully protected. Read about Alison who was using a brand name that was taken off her.Can I just have a brand name without a trademark? If I choose a name, may I just use it without trademark registration?

These questions have a ‘Yes’ answer – but with a caveat.

If you do this, you run the risk of using a brand that someone else has already registered, so you could be sued for trademark infringement and even lose your business. Or you could establish the business through years of hard work, only to see one of your competitors copy your brand.

It would then be up to you to prove that you had sufficient reputation in the brand to stop the competitor from using the same (or something very similar) because it was causing confusion in the marketplace.