Many start-up businesses or relatively small enterprises come up with innovative ideas but remain vulnerable in a competitive environment if their trademark is left unregistered. In other words, businesses should not just create a brand that differentiates its products and services, but also register their trademark.

By registering a trademark one can reap various benefits including exclusive rights to the name or logo. This allows businesses to grow without risking someone taking advantage of the brand’s reputation whenever someone tries from using identical or similar marks on identical or similar products or services. Thus, a trademark will consequently prevent unfair advantage of the distinctive character of a product or service and eliminate confusion in consumers’ minds.

A strong recognisable trademark can open up new paths for business owners to market their products both locally and abroad.A business can opt to market itsbrand abroad by registering a ‘European Union Trade mark’ (EUTM) at EU level. The EUTM system coexists and is complimentary with a national Trademark registration. A prospective applicant for a EUTM will only be required to file one application which when registered will give the owner the exclusive right in all 28 EU countries. This opens up a vast range of opportunities for a business to grow and gain recognition abroad, without the fear of having another company profit from their name.

When registering a trademark with the European Union, applicants must keep in mind whether the registered trademark in Malta, can work the same way abroad. One needs to keep an open mind about the marketing strategy and know that it might be necessary to adapt marketing, and thus the trademark to fit the needs of the customers abroad.

By thinking ahead, start-up companies can opt to have their business grow in Malta, and then transition abroad smoothly. Protecting a trademark is a necessity for a company to be successful throughout its business life cycle. It allows the company to build a strong recongisable trademark without having it used illegally by someone else.

For further information on how to protect and register your trademark in Malta visit the Industrial Property Registrations Directorate (IPRD) section on the Commerce Department website at www.commerce.gov.mt.

Should you be interested in protecting and registering your trademark in the European Union, kindly visit the European Union Intellectual Property Office (EUIPO) at www.euipo.europa.eu.