Trade Mark/Brand Protection
Trade Mark availability searches and protection should be considered as part of a holistic approach to your intellectual property. They serve to distinguish you in the market, by providing a “badge of origin” so that your clients can associate your goods/services with your undertaking and distinguish them from others. Usually, it is better to choose a trade mark that is not entirely descriptive of the goods or services you provide, so that you can be distinctive amongst competitors supplying the same goods/services.
Benefits of Trade Mark Registration:
Accrue goodwill value in the registration
An earlier opportunity to prevent or inhibit others adopting a confusingly similar mark
Usually a stronger legal position to prevent or inhibit others adopting a confusingly similar mark
Your mark will be on searchable record for others to see and avoid when conducting their own availability searches
Even without a registration, it is generally recommended to conduct trade mark availability searches. This reduces the risk of inadvertently adopting a conflicting trade mark, thereby reducing the risk of being forced into a rebranding exercise after investing in a mark.
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The ® symbols signifies that the trade mark has been registered. The TM symbol merely asserts it as a Trade Mark. Sometimes the latter is used when registration is not possible, or where an application for registration is still pending.
Unlike Patents, Trade Mark registrations can last indefinitely, if renewed when required, and minimum use requirements are maintained. Some UK Trade Mark Registrations are over 100 years old and still in force.
No. Unlike European Patents which extend to a number of non-EU countries including the UK, European Trade Mark registrations only cover the EU.
The international system allows owners of a Trade Mark application or registration to more easily protect their trade mark in certain countries. The resulting foreign Trade Mark registrations are however national or regional rights.
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Experienced Patent Attorneys, enthusiastic about technology and protecting it strategically for our clients. ISO 9001:2015 certified. For entrepreneurs, foreign associates and multi-nationals.
+44 1224 025002
Cranach Patent Attorneys