What is a trade mark?
A trade mark identifies goods and services as originating from or being commercially associated with a particular enterprise. It thus differentiates the goods and services from those other traders. Typically, a trade mark would consist of a word or logo or a combination of both. Can it take any other form? Yes, provided it can fulfil the basic function of a trade mark. As long as it is a sign that identifies and differentiates, it can take the form of letters, numbers, a personal name, a slogan, shape, form of packaging, even a sound, colour or (at least theoretically) a smell.
Why should a business bother with investing in trade marks? What is the sound business case?
If a business has invested in a product or service, with financial outlays for research and development, design and product improvement, marketing and sales, and more, then the identity of the final product, with all this investment, should be protected so that the public always associates the sign or signs that identify your product with your company. The brand you develop ensures repeat purchases, customer loyalty and customer advocacy. A registered trade mark is the most effective way of protecting your brand identity from those seeking to ride on your hard-fought successes and reputation. It stops others from copying or counterfeiting your products, and even using confusingly similar trade marks for the same or similar products.
In law, it is true, there can be other ways of stopping unscrupulous competitors, especially suing for 'passing off'. But having a registered trade mark is the easiest and most direct way of enforcing your rights. And it avoids costly litigation. It tells competitors to 'keep off your grass' in a polite but firm way. And that makes good business sense. Stakeholders also want to see that management is taking intellectual property protection seriously.
If you are serious about your business and the name(s) under which you trade, then an unregistered trade mark should be converted to a registered one as soon as possible. It is not improbable that a later user of the same or similar mark could even stop you from using your own mark that you have legitimately been using if he/she has got it registered first!
What does the process of registration of a trade mark entail and how long does it take?
This depends on where you are protecting your trade mark – whether in the UK, in Europe or in other countries. Please see fact sheets.
How much does registering a trade mark cost?
Registered Designs and Domain Names
If your sign involves a design, you might want also to consider registering the sign as a design, which is a separate procedure. You should also consider having appropriate domain names. Please contact us for further details and advice.
For more information on both practical and legal aspects of trade mark matters, please click on the appropriate areas on the left-hand side of this web page.