Registered Trade Marks
A Trade Mark is any sign, capable of being represented graphically which can act as an indication of origin and quality of a product or a service.
Trade Marks are important because having invested a considerable amount of time and resources in developing and marketing a product or service, it is only fair that customers (or potential customers) should recognize your product or services as originating from you, and not anybody else. Furthermore since they are assets, then once registered they could increase the value of a business.
Quick Trade Marks enquiry form
Trade marks are powerful business tools and may take various forms, such as a word, a logo, a shape, a sound or even a scent. For example, a main brand name such as Rolls Royce, Nintendo or Cadbury can be registered as Trade marks. So can company names such as
Rolls Royce Motor Cars, Cadbury plc, Nintendo Co Ltd or Mancunium IP ; and sub brands such as
Rolls Royce Phantom, Nintendo DS or Cadbury Bliss. in addition, packaging, colours and strap lines can also be registered as Trade Marks.
To protect a Trade Mark, it is often required to have the mark registered in the jurisdiction you wish it protected, although there are some common law rights which do not require registration, and which in some cases may be used to assert Trade Mark rights, these may not afford adequate protection in certain circumstances and a business owner generally stands in a better position if they have a registered right.
There are a number of 'regimes' of trade mark registration that award protection in the UK, across Europe, Africa or even Internationally. Among them is the
Madrid system for protection of Trade Marks, the
Community Trade Marks system. and the
ARIPO system.
Once an Application is lodged with the relevant Intellectual property office, it will be examined, and if it complies with certain rules, published for opposition purposes. If no prior rights exist, and if there are no oppositions lodged, the mark is registered and a registration certificate will be forwarded to you. This right is renewable for set periods of time (in the UK, Registered Trade Marks last indefinitely, and are renewable every 10 years).
It is important to note that registration may not be necessary everywhere, and that you may have to decide on whether it is worth obtaining registration in certain countries. Thus, it would probably not make much sense to register a Trade Mark covering Argentina if your business will only be trading in Manchester and Birmingham. Also, do think of territories where your goods originate from / are manufactured and think about obtaining protection in these places. Finally, you may find it useful to obtain protection in territories with a high risk of counterfeiting / infringement, for goods / services in your sector / industry, prior to launching your products.
A Trade Mark, is a "chose in action", and like most property rights can be licensed, mortgaged or transferred from one party to another. It may be necessary to record some transactions with the relevant Intellectual property Office with which the mark is registered, for them to have effect under law.
We have expertise in undertaking
Availability / Free to use Searches; filing Trade Mark applications and all formalities for registration (covering the UK, Europe, the US and other parts of the World).
In addition, if you have been involved in a Trade Mark related dispute, we are able to try and negotiate a reasonable settlement with the alleged proprietor, or to defend your rights accordingly if we establish that you have been wrongly accused.
You can contact us with any questions regarding how to apply for a Trade Mark, the procedure to grant, self filed Trade mark applications, Trade mark monitoring and opposition and whether to use the services of a Trade Mark attorney.
Unsolicited Mail
Some companies have began contacting Intellectual Property owners directly offering a variety of 'registration services' in some "registers". Most of these companies provide nothing of value, but ask for significant sums of money in return for placing your trade marks or brands to appear in their registers. If you are unsure on the authenticity of any unsolicited letters asking you to pay money for such services, please do not hesitate to contact us for free advice.
For more information, see:
WIPO.;
Intellectual Property Office.
Trade Mark Articles
