New Name, Legal Check

New Name, Legal Check

Rebranding and Trademark Law – What You Need to Know When Changing Your Brand Name

Rebranding can be an exciting yet risky move for any business. Whether you are modernizing your image, merging with another company, or simply trying to distance yourself from a negative past, changing your brand name is a significant step. But while marketing and design often take centre stage in rebranding projects, the legal dimension – especially trademark law – is just as critical. A poorly managed brand transition can lead to infringement claims, lost brand equity, and expensive disputes.

Here is a guideline from a trademark law perspective when considering a rebrand – and where we can support you.

1. Why Trademark Law Matters in Rebranding

Your brand name is more than just a label – it is a legally protected asset. A registered trademark gives you the exclusive right to use your name (or logo) in connection with your goods or services. When you change that name, you may be walking into a legal minefield:

• Is the new name already registered by someone else?
• Does your new name look or sound too similar to an existing trademark?
• Are you at risk of being sued for trademark infringement?

Failing to address these questions early can derail your rebrand and cost your business dearly.

2. Conduct a Thorough Trademark Search

Before settling on a new name, conduct a full trademark clearance search. This involves more than a quick Google or domain check.

It is highly recommended to work with a trademark attorney for this process. They can spot potential conflicts that might not be obvious at first glance.

We can assist you with:

• Performing clearance searches in the territories of interest
• Providing our assessment as to the remaining risks
• Creating possible alternatives.

3. Assess the Risk of Confusion

Trademark infringement does not require identical names – it is enough if two marks are “confusingly similar.” This is assessed based on:

• Visual and phonetic similarity
• Similarity of goods or services
• Overlapping target audiences
• Marketing channels used

For example, changing your brand from “QuickFit” to “KwikFyt” might seem original, but courts may still find confusion if “QuickFit” is already protected.

4. Register Your New Trademark Early

Once a legally safe name has been searched and chosen, register it as a trademark as early as possible – ideally before you launch the new brand.

This is important for:

• Securing exclusive rights to the name
• Preventing others from registering it
• Gaining legal leverage in case of conflict.

We do of course assist our clients in filing and managing their trademark portfolios worldwide.

5. Do not Abandon Your Old Trademark Too Soon

One common mistake is to completely drop the old brand identity the moment the new one is launched. But that can cause legal and business issues:

• End of trademark protection: trademark protection is terminated in the moment the duration ends. Contrary thereto, products may be “phased-out”.
• Loss of brand equity: Especially if your old name still holds trust.
• Trademark lapse: If you stop using a trademark and do not renew it, it may become vulnerable to cancellation.
• Consumer confusion: Abrupt changes may confuse existing customers or weaken your brand’s legal distinctiveness.

Best practice: Keep both brands in parallel for a while. Use phrases like “formerly known as…” or “now [new brand]” during the transition period.

6. Update Legal Agreements and IP Assets

Once your new brand is live, make sure you update all relevant legal and business materials, including:

• Commercial contracts
• Licensing agreements
• Domain names
• Social media handles
• Packaging, signage, and advertising
• Trademark records with IP offices

Neglecting this step can cause inconsistencies, contract disputes, or even a loss of trademark rights.

7. Timing is key

Once the decision to rebrand is made, legal due diligence should start immediately.

Trademark clearance, registration and coordination with international offices can be time-consuming – and delaying these steps risks conflicts, delays or even forced renaming. Legal processes must run in parallel with creative and strategic planning.

Ideally, businesses should allocate at least 6 months, and up to 24 months for more complex, international brand changes.

Conclusion: Rebranding Is a Legal Project, Not Just a Marketing One

Rebranding is much more than picking a catchy new name and designing a fresh logo. It is a legal process with significant trademark implications. Failing to do your homework can put your new brand at risk before it even launches. Timing is key – early legal involvement helps ensure a smooth and secure rebranding journey.

We can help you to conduct proper trademark checks, provide legal advice, register your new brand early, and plan the transition carefully. That way, your rebrand can be a fresh start – not a legal headache.

You are always welcome to contact us for further information, either by email to

or by phone at +49 89 55 879 870.