Branding
Your brand can often be the most important piece of Intellectual Property owned by your company, and it's important that you take steps to ensure that it can't be used unfairly, or tarnished, by a competitor.
Word Marks
A trade mark provides a way of distinguishing the origin of goods/services. For instance, a trade name may be the name under which a company or person conducts business. Additionally, the name under which a product or service is marketed may also constitute a trade mark.
In the UK, if the mark has accumulated goodwill and a reputation through its use then it is protected to a certain extent from copying by the common law of 'Passing Off'. However, it is even more strongly protected if it is registered.
Ten Reasons to Register your trademark:-
- PRICE – It’s not expensive (only a few hundred pounds for a UK Registered Trademark (RTM) in one class).
- BUSINESS ASSET - It’s an asset to your business, which looks good for investors, banks and when you come to sell.
- STRONGER - It’s much stronger than relying on unregistered trademarks (“passing-off”) to stop others using the same or similar name or logo.
- ® - You can legally use this symbol with your RTM. It is a criminal offence to use it without the trademark being registered.
- INDIVIDUALITY – It provides a good deal of assurance that your trademark is unique.
- DEFENCE – You cannot be found guilty of infringing someone else’s RTM if you are merely using your own RTM.
- COMPANY NAME/LOGO – can be protected with an RTM.
- DOMAIN NAMES – can be protected with an RTM.
- TWITTER NAMES – can be protected with an RTM.
- PRODUCT NAME/BRAND NAME/LOGO – can all be protected with an RTM.
A Registered Trade Mark does not need to be applied for before you start using the mark; however, it is often advisable to register your mark early in order to prevent a competitor from getting there first.
We regularly apply for Registered Trade Marks in the UK, for the EU as a whole, and in many other countries of the world. The process is relatively fast in most jursidictions. We can offer discounted rates if you are interested in applying for multiple registered trade marks together.
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Logos
A logo is a device, shape or design which may, or may not include a word. It provides a distinctive badge of origin for goods and/or services.
Like Word Marks, a logo is registrable, which provides additional protection.
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Passing Off
Passing-off is a common law right that allows you to prevent other businesses from 'passing off' their goods/services as yours. It is the weaker sibling of protection via a Registered Trade Mark.
We can advise you on your rights under passing-off; please contact us for further information.
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Domain Names
We can provide advice relating to disputes over domain names. Such disputes may relate to cyber squatting, domain name hijacking and reverse domain name hijacking, for example. Trade Mark law sometimes has a bearing on these situations.
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Company Registration
Merely registering your a company name at Companies House does not provide you with any significant trademark protection. Please contact us if you would like further advice.
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