A Trade Mark is any sign which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

A Trade Mark may consist of a word or words (including personal names), designs and logos, letters, numerals or the shape of goods, their packaging, smells and sounds. A Trade Mark is a property right and can be assigned, sold or licensed to other traders.

A Trade Mark is a powerful marketing tool, and can become a valuable property right for a business.

It is therefore important that Trade Marks are protected.

FREQUENTLY ASKED QUESTIONS

Yes, as long as it is sufficiently distinctive. This means it should not be directly descriptive of the goods or services, nor laudatory or deceptive. It should also not conflict with third party identical or similar marks.

We can advise you on Trade Mark availability and registrability. We can conduct searches prior to use and registration to ascertain whether there are any conflicting third party rights which would present a risk of infringement or a bar to registration.

Please contact us for further information and advice about Trade Mark searching.

Where can I get Trade Mark protection?

Trade Marks are generally national rights and can be registered in most countries throughout the world.

In addition to individual national registrations, there are two multi-jurisdictional systems of registration:

1. Community Trade Mark (CTM)

This is a single registration covering all 25 European Union member states.

2. International Registration under Madrid Protocol

This offers advantages over filing individual national applications. An ”International” Registration under the Madrid Protocol provides a bundle of national rights in the countries where registration is granted. Countries which can be included must be members of the Madrid Protocol, and there are presently over 65 members, including most European countries, the United States, Australia, China, Singapore and Japan.

We can act on your behalf to file Trade Mark applications in the UK, the European Union and in all other countries where registration is possible.

What does it cost to get a Trade Mark?

Obviously this will depend on where you choose to register it. We are happy to advise you on a filing programme and provide estimates of the costs involved.

How long does it take to register a Trade Mark?

In the UK, if an application progresses smoothly, it will take between 5 and 12 months. Applications can take longer if unexpected difficulties arise. In many other countries, the registration procedure will take far longer.

How long does Trade Mark protection last?

In the UK and in most countries a registration will provide protection for 10 years from the date of filing and will be indefinitely renewable for periods of 10 years.

I have registered as a limited company. Can I stop other businesses using my company name?

Registration of your company name will prevent anyone else from registering exactly the same name, but it will not stop similar names being registered and it will give no automatic right to prevent others from using similar names for their businesses and products. The best way to do that is to register your name as a Trade Mark.

Will registration of my Trade Mark stop anyone from using my Trade Mark as a website address or domain name?

You can stop people using your Trade Mark as a domain name or as part of a domain name if it is likely to confuse your customers. You may also be able to stop them using your Trade Mark as a search term with Internet search engines.

What can I do if someone else is using my Trade Mark?

If you are faced with third party use of your mark or a similar mark, we can advise you regarding the possible courses of action available to you such as Trade Mark infringement and passing off, or other actions outside the UK such as unfair competition.

Do I have to be careful how I use my Trade Mark?

Yes, it is important to use a Trade Mark correctly or it could end up becoming descriptive, or even generic, in relation to your goods or services. You may choose to use the abbreviation “TM” to denote your Trade Mark, or you can use the ® symbol if your mark is registered.

We are happy to advise you further regarding correct usage of your Trade Mark

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What is a Trade Mark Attorney?

A Trade Mark Attorney is the title given to a registered trade mark agent, and is someone who is qualified and registered to practice as a trade mark agent. A Trade Mark Attorney acts for and advises traders in the law relating to the protection of Trade Marks and Design rights.

Must I use a Trade Mark Attorney to register my Trade Mark?

There is no legal requirement to use a registered Trade Mark Agent to represent you or advise you. However, there are advantages in doing so. Trade Mark Attorneys are qualified by examination covering all aspects of Trade Mark law and practice. A skilled and experienced Trade Mark Attorney will be able to advise you on all aspects relating to Trade Marks, both in the UK and overseas and will assist you in obtaining the best possible protection for your Trade Marks.