Trademarks

What is a trademark?

A trademark is a distinctive trading style, or sign, that is capable of distinguishing your goods and services from those of others, and such a sign can be used on your goods, or packaging, or in relation to the advertising of your goods and services, so that customers know the origin of the goods or services. Examples of extremely high value trademarks are Amazon for online retail services, Apple for mobile telephones and computers, and Coca Cola for beverages.

Benefits of a registered trademark

If you trade in a country, or have serious intention to imminently intend to trade in a country, you should consider seeking trademark registration in that country.

Where you obtain a registered trademark, generally you will have the right to prevent others from using a similar trademark in relation to similar goods or services in the course of trade, if their use is likely to cause confusion in the minds of the public as to the origin of their goods or services.

If you do not obtain a registered trademark, generally you will not be able to prevent others from using a similar trademark in relation to similar goods or services in the course of trade. In the UK, if you have a reputation, and another trading entity has misrepresented their goods or services as yours, and you have been damaged as a consequence, the law of passing off may be successfully enforced against them, but it is more difficult, and more expensive, to enforce than a registered trademark, and results of cases are less predictable.

If you delay filing an application for a registered trademark, owners of earlier applications or registrations can generally prevent your application from being registered in relation to similar goods or services once you file an application. Consequently, you will not be able to stop others, including but not limited to owners of earlier applications or registrations, from using a similar trademark to theirs in relation to similar goods or services to theirs in the course of trade.

Moreover, owners of earlier trademark applications or registrations which pre date your application in that country generally have the right to prevent you from using a similar trademark to theirs in relation to similar goods or services to theirs in the course of trade in the country concerned. In other words, you can be forced to rebrand if you intend to continue trading.

It is worth bearing in mind that in the UK, owning a registered trademark provides a defence to an assertion of infringement of a 3rd party trademark registration (provided that the trademark is used in the form in which it is registered, and for the goods or services for which it is registered).

A UK registered trademark lasts 10 years initially but can be renewed indefinitely. Indeed, UK registered trademark No. 1 for BASS & Co's PALE ALE, filed on 01 January 1876, remains in force to this day.

Our registered trademark services

We offer a full UK registered trademark service including searching, filing, processing through examination by the IP Office, renewals, and enforcement.

We also offer a full European Union (28 countries) registered trademark service including searching, filing, processing renewals and enforcement.

We also prepare, file, and process, International Applications through the World Intellectual Property Office.

Also, we deal with company name registration and domain name registration.

If you have any questions please do not hesitate to contact us to obtain a free estimate.