Fact or myth? How does the law actually protect a company name?

Myth 1: I have a registered trademark, so I am not breaking the law.

This myth assumes that having a registered trademark means full protection against any claims concerning the infringement of others’ rights. In reality, registering a trademark only gives you the exclusive right to use it within a specific scope – it does not guarantee, however, that you will not infringe the rights of others.

For example, if your trademark is too similar to another trademark registered earlier, you may be forced to change your company name. The Patent Office does not check whether similar or identical brands have already been registered. It is therefore crucial to carry out an in-depth brand analysis before filing an application.

See also: Trademark infringement. What are the consequences?

Myth 2: I came up with the company name myself, so I have copyright in it.

Copyright protects clearly expressed forms of creative work, such as literary, musical, artistic and other works. A company name, although it may be unique and inventive, is not considered a form of creative work that can be protected by copyright.

Copyright protects more specific works, not individual words or phrases such as company names. To protect a company name, business owners must register it as a trademark with the Patent Office.

Myth 3: Registering a trademark with the Patent Office is expensive.

The fee for registering a trademark may seem fairly high, but it is worth remembering that this is an investment in a long-term legal monopoly. Registering a brand with the Patent Office provides 10 years of protection, and therefore the cost spread over the entire period becomes relatively low. In addition, various financial support programmes are available for entrepreneurs and may help cover as much as 75% of these costs. As a result, in Poland you can often secure this protection for less than PLN 300!

Myth 4: Trademark registration is easy.

Although completing the application form may seem simple, the trademark registration process is considerably more complicated. You must specify precisely:

• which classes of goods and services you want to protect your brand for,
• what form your trademark should take (whether it should be word-only or also include a graphic element),
• whether its owner should be your company or you as a private individual.

Each decision may have a significant impact on the protection your brand provides. That is why it is always worth using the services of an intellectual property specialist, namely a patent attorney.

Myth 5: The R symbol in a circle means that a product is original.

The ® symbol, also known as the “R in a circle”, is used to indicate that a specific trademark is registered. It is merely a legal designation, however, and has nothing to do with the originality or quality of a product. The only thing this symbol guarantees is that the name or logo in question is legally protected as a trademark.

Myth 6: I registered the name, so I have an exclusive monopoly on using it.

Registering a brand gives you the exclusive right to use it in connection with specific goods (e.g. clothing) and services (e.g. construction services), within a specific territory. It does not mean, however, that you have an unlimited monopoly on the name. For example, if your brand is registered only in Poland, this will not protect it in other countries.

Myth 7: I paid for the logo, so it belongs to me.

Under copyright law, the person who created a given work is its original owner. An exception applies when the author is a person employed by a company, for example as a graphic designer. Therefore, even if you paid for the creation of a logo, you do not automatically become its owner. For the copyright in the logo to be transferred to you, you must sign an agreement transferring those rights to you. Few people know this.

Myth 8: The assistance of a patent attorney is unnecessary.

Intellectual property protection, including brand protection, is a complicated area of law that requires specialist knowledge. The assistance of a patent attorney can prove invaluable when registering a brand, avoiding conflicts and optimising an intellectual property protection strategy. This is particularly evident at the stage of examining registrability. Such a specialist can identify conflicts and other risks. As a result, they can advise you on what to do so that you do not break the law yourself and increase your chances of obtaining protection from the Patent Office.

Myth 9: Brand protection is not important for small businesses.

Some entrepreneurs may underestimate the importance of brand protection, believing that it is an issue concerning only large companies and corporations. This is a fundamental misunderstanding, however, which may lead to serious legal and financial consequences. Regardless of how small or large your company is, brand protection is a key element of running a business.

For small businesses that are just starting their operations, building a brand may be one of the most important aspects of business development. This is the time when a company must stand out from the competition, build customer trust and establish a strong market position. Without adequate brand protection, you risk losing your unique identity if the competition decides to copy your trademark.

Myth 10: Any name can be registered as a brand.

Many entrepreneurs believe that any name, logo or symbol can be registered as a brand. This is not true, however. Trademark law is complicated and contains a number of criteria that must be met for a name to be registered as a brand.

The most important criterion is that the brand must have what is known as distinctive character. This means that it must be capable of distinguishing the products or services of one company from those of another. In practice, this means that the name must be unique enough for customers to associate it easily with a specific provider of products or services. Consequently, descriptive names such as “Super furniture” or “Good mechanic” usually do not qualify for registration because they lack distinctive character – they do not identify a specific manufacturer or provider, but only describe the characteristics of the products or services.

In addition, names that are vulgar, contrary to accepted standards of morality, or contain national or international symbols without appropriate permission are excluded from registration as brands.

Summary: the truth about brand protection

Brand protection is a complicated process that requires not only commitment, but above all knowledge of the applicable laws. That is why it is worth seeking the assistance of a patent attorney, who is an expert in this field and can help you avoid misunderstandings and mistakes. The truth about brand protection is that the process is complicated and time-consuming, but if it is carried out correctly, it can bring real benefits to your business.