Starting a company means handling countless priorities such as building a product and finding customers. Many founders delay protecting their brand and intellectual property, but this can cause costly problems later. In the 1970s, Burger King expanded to Australia only to find the name already trademarked, forcing a full rebrand to Hungry Jack’s. Such challenges are not rare and can affect businesses of any size, not just global corporations. So, let’s get into this and understand how you can protect your brand.
Why Do Founders Delay This, and Why is it a Risk?
A common mistake for new entrepreneurs is neglecting to protect their brand and intellectual property early on. In the rush to grow, securing trademarks, copyrights, domain names, logos, and even packaging design often gets overlooked. The risk comes later, when success attracts attention and someone else claims those rights. By then, it may lead to lawsuits, costly rebranding, or even losing the business. Safeguarding these assets from the start can prevent major legal and financial setbacks in the future.
Many entrepreneurs view IP protection as just another legal chore, but it is really about safeguarding the identity built through hard work. It acts like insurance, which is rarely needed but invaluable when trouble comes. So if you secure trademarks and copyrights early, you can save the endless stress later.
What is IP?
IP or Intellectual Property covers more than just tech patents. It includes trademarks like names, logos, and even packaging. Copyrights for original content, designs, code, etc., are also included in IP. There are also patents for inventions and processes, as well as trade secrets such as formulas. Digital assets like domains and social handles also count in IP. Reserving these early is cheap, but losing them to someone else can be costly and difficult to fix.
How can you Avoid Making Mistakes?
Before launching a company, you need to conduct a thorough trademark search for the name, logo, and brand. Check the USPTO database, the World Intellectual Property Organization’s records, and perform deep online research to ensure no conflicts exist. If possible, use a professional trademark research firm.
It is not enough to secure a domain or social media handle. Once that is clear, file for trademarks immediately, as disputes often arise when success begins. Register copyrights for websites, designs, code, and content to strengthen legal protection. Additionally, keep detailed records of when branding elements were created or first used. This evidence can be crucial in resolving legal disputes.
Plan for Global Reach before you Expand
Include an international trademark search if there is any chance of expanding globally, even far in the future. A company overseas may already be using the same name, or it may not translate well in another language. Some countries follow a first-to-file system, which allows others to claim the name before it is registered. In certain markets, trademark squatters look for new foreign brands to register and later sell back at a high cost. The Madrid Protocol can simplify filing trademarks across multiple countries. So, thinking ahead and securing rights early helps prevent being locked out of important markets or facing costly disputes later.
Many founders delay trademark filing, thinking it is costly or time-consuming. But starting early is affordable and far easier. There are online platforms that can help. You can also hire an IP attorney as a smart investment for complex or international cases. On one hand, waiting risks lawsuits and forced rebranding, as well as lost trust. It also drains money and time. So, protect your brand now, as it is better than fixing problems later.
