trademark faqs

Frequently Asked Questions about trademarks

What is a trademark?
It is a sign which identifies the products or services of a business and, may consist of words, slogans, logos, shapes, numerals, colours or any combination of these. In essence it is a badge of origin that allows customers to distinguish the goods or services of one trader from those of another.

In order to be registrable a trade mark must be:

• Distinctive for the goods or services in relation to which it is/will be used (i.e. it must not be descriptive of them)
• Not be deceptive, misleading, contrary to law or morality
• Not identical or confusingly similar to any earlier marks for the same or similar goods/services
  

What are the Benefits of a registered trademark?
The most important benefit is that it gives the trade mark proprietor the exclusive right to use the mark in the territory in which it is registered. The owner of a registered trade mark is therefore entitled to prevent a third party from using an identical mark or using a similar mark in circumstances where confusion is likely to arise.

A common misconception among entrepreneurs in the process of incorporating and establishing a business is that the registration of a company and/or domain name entitles them to the use of that particular name or trade mark. This is not the position. The only way to secure exclusive rights to use of a name is through a trade mark registration.

Other benefits are that it is easier and less expensive to protect a registered mark (as opposed to an unregistered one) against infringement; it acts as a deterrent to potential infringers; licensees etc are more likely to be attracted and allows the abbreviation ® to be used. A registered trade mark can also provide the owner thereof with a defence to a trade mark infringement action.

Why shall I do a trademark search?
It is imperative to first conduct a trade mark search. This allows us to ascertain firstly whether the mark is available for registration and secondly whether or not your use of the mark infringes a third party’s registered rights. The consequences of not searching are potentially severe. If you're in the middle of launching a new product or service, when suddenly you find you're infringing someone else's trade mark, it could mean litigation, re-branding, or even withdrawal from the market . Our search will cover those applications made via the Patent Office in the UK , the Office for Harmonisation in the Internal market in Alicante and the USA Patent Office. It will not cover individual marks filed in each of the 25 member states in the European Union. This we can do based on a separate price structure.

>>Next