Trade Marks in Space Tech
Filing numbers of trade marks appear low, though the data is imprecise. However, we expect this to change soon, given the steep increase in recent years in patent filings as discussed and considering how the space sector is likely to develop. As businesses start to commercialise their patented offerings, more attention will be paid to branding and marketing.
We also expect increased competition for customers in the coming years and as competition increases, the importance of branding to differentiate between different offerings will expand.
In particular, we are likely to see multiple parties making similar offerings in terms of technology and service. Customers are, and will increasingly be, presented with choice. For example, two companies can put my satellite in orbit, one is a new entrant and the other is longstanding and has a track record of success. The new entrant may be lower cost, but the reputation of the established company carries value beyond the technical. Patents protect technology, of course, but they eventually expire, and they cannot protect reputation and brand. Protecting a strong reputation (that is encapsulated in a brand) has great value. For the startup, protecting trade marks can support a business case as part of a suite of IP.
It is self-evident that the European space sector is skilled at creation of distinctive branding, such as company and product names or logos. As companies market products or services, gain customers, generate goodwill, and transition to revenue generation, protecting the brand will be important.

"As competition in the space sector intensifies and technical offerings converge, brand identity will become a key commercial differentiator - while patents expire, a strong, protected brand builds lasting market trust."
Jacqueline Pang
Partner, Trade Mark Attorney
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