Frequently Asked Question

How do I know if my brand can be trademarked?

Understanding Brand IP is a really important factor that can often be overlooked. We are known as rebranding specialists, and many companies that come to us looking to be rebranded, are forced to rebrand due to Trademark and Intellectual Property breaches, or potential risks.

So we always recommend factoring in IP searches as part of a new brand process. Determining if your brand can be trademarked involves several factors:

Brand Name and Logo Distinctiveness
Your brand must be distinctive, meaning it should stand out from other brands in the marketplace. It should not be generic or too descriptive of the products or services you offer.

Brand Name Availability
Before committing to a brand name, you should conduct a search to ensure that there are no existing brand names that are identical or similar to yours in the same category of goods or services. This helps to avoid potential conflicts. You should also conduct a domain search to see if an ideal domain is available without paying too much for it.

Non-Infringement
Your brand name, logo and icons should not infringe on existing trademarks. This means it should not be confusingly similar to trademarks that are already registered or in use by other companies.

Legal Requirements
Your brand should meet the legal requirements for trademark registration in the jurisdiction where you intend to register it. This typically includes being capable of being represented graphically and being used in commerce.

Whilst we do conduct preliminary high level desk top research when developing a brand name, We highly recommend you seek the advice of a trademark attorney or professional who can guide you through the process and help ensure that your brand meets all the necessary requirements for trademark registration.

At Soto Group we can assist you with considering these factors and conducting thorough research, so you can determine if your brand is eligible for trademark protection.

Soto Group are a full service creative agency delivering impactful brands, websites and marketing strategies.
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