Before someone else beats you to it! That’s our standard answer when someone asks ‘when should I register a trade mark?’
Granted, in Australia the owner is the first person to use the trade mark. But in China, it’s the first person to register it. Other countries vary. That’s why it’s so important to get your trade mark sorted out early. Part of that is to do a good search to see if anyone already has a similar mark. It’s not prudent to assume that you can go back and fix up a trade mark after you’ve already started trading.
Because cash flow is often an issue for businesses, timing a trade mark application can be tricky. We encourage people to ask themselves two questions:
1). Am I certain that I’ll be using the present brand (word, logo or composite of the two); and
2). Am I confident that the business has a reasonable chance of success?
Once the answer to both of these questions is ‘yes’, then it’s definitely time to consider registering a trade mark.