For a startup, the brand is often worth as much as — sometimes more than — the product itself. A fast-growing venture's name reaches thousands of users quickly, and the risk of imitation rises with it. This guide summarises the trademark protection strategy for startups.
Why Register Early?
Priority in a trademark is determined by the filing date. Securing your brand before announcing your idea, launching or meeting investors removes the risk of someone else taking the same name first. Speed is critical for startups, which makes early registration a strategic advantage.
You Can Start Without a Company
If you have not yet incorporated, you can register the mark as a natural person and assign it to your company later. See Registering a Trademark Without a Company and Trademark Assignment for detail.
Correct Classification
Most technology startups lead with software/apps (class 9) and software services/SaaS (class 42); class 35 is added where there is a marketplace or marketing angle. See our Trademark Registration for Software Companies guide for detail.
The Investment Process and Due Diligence
Investors review intellectual property assets during due diligence. A registered trademark is a signal of corporate maturity and an asset that raises company value. Walking into an investor meeting without a trademark starts the conversation on the back foot. See our article Is Trademark Registration an Investment or a Cost? on this point.
Preparing for International Growth
If you have global ambitions, plan to extend brand protection internationally early on. We covered the options in the Madrid Protocol and EU Trademark (EUTM) articles.
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