February 28, 2025
Imagine launching a new business after months of careful branding, marketing, and investment. You’ve built a great reputation, customers recognise your name, and sales are growing. But then, you receive a legal notice—another company is claiming ownership of your brand name and demanding you stop using it immediately. You’re now faced with an expensive legal battle or the daunting task of rebranding everything from scratch.
This scenario is more common than you might think. Many businesses unknowingly use a name or logo that is already trademarked, leading to costly lawsuits, lost brand recognition, and even forced closures. Even worse, some competitors intentionally register trademarks similar to successful businesses to take advantage of their reputation.
Without legal ownership of your brand name, you have no guarantee that your business will keep the identity you worked so hard to build. Companies that fail to register trademarks are at risk of infringement claims, marketplace confusion, and losing valuable customer trust.
One of the best ways to avoid these risks is through trademark registration. By securing exclusive rights to your business name, logo, and brand identity, you gain legal protection, market credibility, and long-term security. In this article, we’ll explore why trademark registration is crucial, how it works within the European Union (EU), and what businesses should consider when expanding internationally.
A trademark is any sign, symbol, word, or phrase that distinguishes a business’s products or services from others. It serves as an identifiable marker that builds brand recognition and ensures legal ownership over a name or logo. Unlike patents, which protect inventions, or copyrights, which protect creative works, trademarks are specifically designed to safeguard brand identity.
There are several different types of trademarks that businesses can register. Word marks protect brand names, slogans, or taglines, ensuring that no one else can legally use the same wording in a similar industry. Figurative marks cover logos or symbols that visually represent a brand. These can be standalone designs or combinations of words and images. Shape marks protect unique product packaging or the distinctive shape of a product itself, which can be an important part of a brand’s identity. Finally, sound marks cover audio elements, such as jingles or sound logos that customers associate with a company.
Registering a trademark ensures that competitors cannot legally copy or mimic a brand’s unique elements. It provides a business with exclusive rights to use the name, logo, or slogan in the registered jurisdiction, allowing for legal enforcement against unauthorised use. Without a trademark, businesses may find themselves in legal battles over brand ownership, which can be expensive and damaging to their reputation.
Businesses operating in the EU have two main options for trademark protection. National trademark registration allows companies to register their brand within a single country, offering protection in that jurisdiction. However, for businesses that plan to expand or operate across multiple EU member states, registering a European Union Trademark (EUTM) is the most efficient and cost-effective solution. An EUTM grants trademark protection in all 27 EU countries through a single application, making it an attractive choice for businesses with international ambitions.
To register an EUTM, businesses must first conduct a trademark search to ensure that their chosen name, logo, or slogan is not already registered by another company. This step is crucial, as applying for a trademark that conflicts with an existing one can result in rejection or legal disputes. Once a business confirms the availability of its desired trademark, it can file an application with the European Union Intellectual Property Office (EUIPO). The application must include detailed information about the business, the trademark itself, and the categories of goods or services it will cover.
After submission, the examination phase begins, during which EUIPO reviews the application to ensure compliance with trademark laws. If the application passes this stage, the trademark is published for opposition, giving other businesses the opportunity to challenge it if they believe it conflicts with their existing trademarks. If no objections are raised, or if opposition is unsuccessful, the trademark is officially registered. Once approved, an EUTM remains valid for 10 years, with the option for renewal.
The cost of registering a trademark in the EU varies depending on the number of classes under which it is registered. A basic application fee starts at €850, covering one class of goods or services. Additional classes require extra fees. The entire process typically takes four to six months, assuming no objections or disputes arise.
Trademark registration provides legal protection that prevents others from using a brand’s identity without permission. This protection extends beyond just the name or logo—it ensures that the brand maintains exclusive rights to its market position. In an era where brand reputation is everything, trademarks help establish trust with customers by signaling authenticity and legitimacy. Businesses with registered trademarks are seen as more credible and established, which can influence customer decisions and strengthen brand loyalty.
A trademark also adds financial value to a company. Registered trademarks can be licensed, sold, or used as business assets in negotiations, making them an essential part of a business’s intellectual property portfolio. Companies looking to expand internationally benefit from the added security that comes with owning exclusive rights to their brand name across multiple countries.
Another key benefit is the ability to take legal action against infringement. If another company attempts to use a similar name or logo, a registered trademark owner has a stronger legal standing to enforce their rights. This prevents competitors from capitalizing on a brand’s reputation and ensures that customers do not become confused by misleading branding.
One of the most common mistakes businesses make is failing to check whether their desired name or logo is already registered. Without conducting a proper trademark search, businesses may unknowingly infringe on an existing trademark, leading to costly legal battles.
Before finalizing a brand identity, businesses should perform a trademark search to confirm availability. In Poland, for example, companies can use METIDA’s guide on how to check if a business name is registered to avoid conflicts.
Before finalizing your brand name or logo, it's crucial to ensure it's not already registered as a trademark. In Polish, this process is referred to as checking the status of a znaku towarowego (trademark). You want to work with expect to understand how to check if a company name is registered. Ultimately, without checking, you put yourself at risk of costly trademark conflicts as well as potential reputation damage.
Trademark registration is an essential step in securing your brand identity, but it is only one part of the process when expanding into new markets.
Businesses entering foreign markets must navigate complex legal frameworks, including tax regulations, business licensing, and operational compliance. Without proper planning, companies may face unexpected fines, operational delays, or legal disputes that could hinder their success.
Ultimately, different countries have unique corporate tax structures, import/export duties, and financial reporting obligations that can significantly impact profitability. Overlooking these details can lead to unexpected liabilities, compliance violations, or difficulties in repatriating profits.
To avoid these risks, businesses should dedicate time understanding tax implications and unique regulations when expanding a business overseas.
Beyond taxation, companies must also comply with local employment laws, business licensing regulations, and contract requirements in the new market. Hiring staff, leasing office space, and signing distribution agreements all require legal due diligence to ensure compliance with local laws.
In conclusion, registering a trademark in the EU is a vital step for businesses looking to secure their brand identity, protect against legal disputes, and enhance their market presence. Without it, businesses risk losing their brand to competitors, facing legal challenges, and encountering difficulties when expanding internationally.
