Whilst it is undoubtedly exciting to launch your hard-earned brand in a new territory, protecting your brand when exporting products/services overseas is legally and commercially important. Your brand is one of your most valuable commercial assets. Here is why protecting it abroad is crucial.
1. Your UK registered Intellectual Property rights are not universally protected
Registered intellectual property rights, including trade marks, are territorial, meaning your UK trade mark offers no protection outside the UK. If you don’t obtain registered protection for your marks in the countries you are looking to export to (or currently are exporting to), you risk losing the right to use it there. Many countries follow a “first-to-file” system, allowing others to legally register your marks before you do. It is therefore vital that you take steps to register your marks in each new country as soon as possible.
2. Enhances market confidence
Registered trade marks in foreign markets not only protects your brand but also enhances credibility with local distributors, customers, and investors. It signals that your company is committed to the market and takes protecting its intellectual property seriously. Some distributors require you to register your trade marks, in the new territory, before agreeing to distribute on your behalf.
3. Prevents costly legal battles
Failing to register your intellectual property rights can lead to expensive and time-consuming legal disputes. Proactively registering trade marks reduces the risk of having to rebrand or litigate later, which can be especially disruptive when launching a new product overseas. If there are any third parties infringing your marks in an overseas country, it is much easier to rely on a registered trade mark to uphold your rights in the mark, rather than having to find other legal avenues which will be much harder to prove as well as being more time intensive and expensive.
4. Supports growth and expansion
Protecting your intellectual property rights makes your business more attractive to potential investors and buyers. It also opens the door to licensing and franchising opportunities, creating additional revenue streams from your export operations.
5. Protect your reputation
Each new international market presents its own risks to your brand, including imitation, trade mark squatting, and brand dilution. Without proper protection, opportunists may exploit your brand name or logo, leading to confusion among consumers and damage to your reputation.
6. Customs
Your registered trade marks can also be used as a helpful weapon to tackle possible infringing and counterfeit goods. You should record your marks at the local Customs (where possible) in order to challenge possible infringing and counterfeit goods.
Key steps to consider
- Identify priority markets and check local IP regulations.
- Register trade marks in each key export destination.
- Monitor your brand for infringements with legal support.
- Consider legal advice from IP professionals with international expertise.
If you have any questions about protecting your intellectual property and would like to talk to someone about it, please contact our IP Team.