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Trade marks
What is a trade mark?
Typically a trade mark is a distinctive sign used to show a service or product’s unique origin. They are part of everyday life and come in all shapes and sizes: symbols, words, names, logos, even smells or sounds. Put simply, they distinguish a product or service from the competition.
Why are trade marks important?
They are valuable commercial assets. They can very clearly affect a company’s bottom line.
Why should a trade mark be registered?
Registering a trade mark gives legal rights. It means that other businesses cannot use or register the same or similar marks. If a trade mark isn’t registered, rights can be obtained through use. These common law rights do not offer the same protection. They are not a guarantee that a competitor cannot register or enforce a similar trade mark.
What should I do before I choose a trade mark?
We need to find out if anyone else is using the trade mark because they will have ownership rights which affects its use. The procedure is called a clearance search and involves us searching and identifying existing trade mark applications and registrations in the countries of interest.
How do I get a trade mark registered?
We prepare and file a trade mark application with a governmental intellectual property office who will then consider the application as part of a registration system. While there are differences in registration systems around the world, registration generally requires us to file an application, and the intellectual property office to identify any conflicts and to provide opportunities to contest the registration. Once a registration is certified, it has a shelf life of 10 years and can be renewed for further periods. Some countries have individual registration systems, whereas others group together under umbrella systems such as the European trade mark system that covers the whole of the EU, and the Madrid Agreement which enables us to file one application to cover all countries that have signed up to the Agreement. If you’re questioning ‘how do I register my trade mark?’, speak to our team of trade mark attorneys.
How do I enforce a trade mark registration?
Legal proceedings are necessary. An injunction can be sought to prevent further infringement of your trade mark rights or even damages if your rights have already been infringed significantly. If counterfeiting has taken place criminal law can be used to pursue your claim by using customs, the Trading Standards Office or even the police.