The Strategic Importance of Trade Mark Registration: Myths vs Reality

December 11, 2025

Trade mark registration is a critical yet often misunderstood piece of brand protection and commercial strategy. Business owners and entrepreneurs alike may operate under the assumption that informal use of a name or logo is sufficient to safeguard their brand. However, operating under these misconceptions can expose businesses to costly legal and reputational risks. The following myth-busting overview clarifies the realities of trade mark registration and highlights its strategic value for your brand and business.

Myth 1: “Registration is unnecessary if the brand is already in use.”

Reality: Without formal registration, your ability to prevent others from using the same or similar names, logos, slogans, or packaging is limited, as simply using this branding does not grant exclusive legal rights.

The law of passing off is an automatic right that can protect a business’s reputation and goodwill and therefore does not require registration. However, it is notoriously difficult to prove and enforce. To succeed in a passing off claim, you must demonstrate goodwill, misrepresentation, and damage, which is a complex legal test and harder to enforce compared to enforcing a registered trade mark. In contrast, registering your brand as a trade mark provides a clearer and more robust legal framework that is easier to enforce and offers stronger protection in the event of a dispute.

Myth 2: “Trade marks have little commercial value.”

Reality: Trade marks are valuable intellectual property assets. They can be licensed, franchised, or sold, and often form part of a company’s valuation during investment rounds or acquisitions.

For example, many professional athletes (such as footballers), build personal brands off the pitch by registering their names and logos, enabling them to launch fashion lines, fitness products, or media ventures. These trade marks become commercial vehicles for long-term revenue.

Businesses can use the same model to licence their trade mark during partnerships, when generating new revenue streams or expanding to new markets. It can allow a business to expand their brand outside of their current scope while maintaining the same customer trust and reputation.

Myth 3: “Infringement can be addressed if and when it occurs.”

Reality: Reactive enforcement of brand rights is often more expensive and less effective than proactive protection. Registering a trade mark acts as a deterrent and can help minimise reputational damage caused by others using the same or similar branding.

Waiting until infringement occurs can result in costly litigation, brand confusion, and in the bad cases, a forced rebrand and/or financial liability. Even in winning cases, such litigation can be a costly and time-consuming process and could lead to reputational harm from others taking advantage of your established brand and goodwill.

Trade mark registration makes it easier to assert your rights and prevent infringement before it happens. For example, other businesses (and their representatives) often check existing trade marks when undertaking a rebrand and are more likely to avoid marks which are identical or similar to any existing registered marks. Registration in the UK provides UK-wide protection but by registering your trade mark in other jurisdictions (e.g. with the European Union Intellectual Property office (EUIPO) or with the World Intellectual Property Organisation (WIPO)) it can offer international protection, significantly strengthening your ability to safeguard your brand.

Myth 4: “Trade marks serve only legal purposes.”

Reality: Trade marks can play a vital role in marketing and consumer trust alongside the aforementioned commercial value. They help customers identify the source of goods or services and associate the brand with quality and reliability. A strong trade mark can give businesses a competitive advantage by distinguishing their offerings in crowded markets and could help to foster brand loyalty and long-term customer relationships.

Myth 5: “Trade mark registration is only relevant for large corporations.”

Reality: Small and medium-sized enterprises are often more vulnerable to brand theft and confusion. Early registration ensures that a business’s identity is protected from the outset. In the past, Bentley 1962 Ltd, a small UK clothing company, successfully defended its trade mark against automotive giant Bentley Motors, which had used the name “Bentley” on clothing despite the smaller firm’s prior registration. The Court of Appeal upheld that Bentley Motors had infringed Bentley Clothing’s trade mark rights. This case illustrates how early trade mark registration can empower small businesses to protect their brand, even against global corporations. It’s a textbook example of why SMEs should secure their identity from the outset to avoid brand theft and confusion.

Conclusion

Trade mark registration is more than a legal safeguard; it can be a commercial tool. It protects brand identity, enhances commercial credibility, and supports sustainable growth. Businesses seeking to establish a strong market presence should prioritise trade mark protection as part of their broader intellectual property strategy.

How we can help:

Protecting your brand is more than just filing paperwork; it’s about being strategic, understanding your business and its goal, and building long-term value and resilience. Here at Herrington Carmichael, we can help by:

Conducting thorough trade mark clearance searches to avoid costly conflicts
Preparing and filing trade mark applications tailored to your business goals
Facilitating and managing your trade mark portfolio across jurisdictions and industries
Enforcing your rights through opposition, cancellation, and infringement actions
Advising on brand strategy, licensing, and commercialisation opportunities

Our IP team combines legal precision with commercial insight to ensure your trade marks work as hard as your business does.

Get in touch today to discuss how we can help you and your business.

Alex Collinson

Solicitor, Commercial

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Estelle Dekker

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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.