Trademark your mark before it is too late!

Protect your brand … the last thing you want is someone benefitting from all the hard work you have put to build your brand. I deal with trademark registration applications and believe they are worth it especially if your brand is growing.

I have put together a very short Q & A below on trademark registration which I am hoping you will find useful and will give you some insight into trademark registration.

1. What is a Trademark?

It is a symbol, word, or words legally registered or established by use as representing a company/brand or product.

For example

·      Coca-Cola?

·      Under Armour?

·      Twitter?

·      It’s finger lickin’ good!?

·      Just do it?

2. Why register a Trademark?

To protect your brand such as names of products and services. 

The registration of a trademark will allow you to pursue someone who uses your brand without seeking consent/approval/permission from you. You are able to use the ? symbol which will alert others that the brand belongs to you and warn other to use against it – as demonstrated by the list of examples above. However, this symbol can only be used for registered trademark and not unregistered trademarks.

Another perk of registering your brand is that it gives you the ability to be able licence and sell your brand.

3. What you are able to register?

Something which unique and distinctive such as words, sounds, logos or colour.

Before making an application to register your trademark it is always advisable to check the trademark register. 

4. What are you not able to register?

You are not able to register something which:

·      Is offensive;

·      describes the goods and services it will relate to;

·      is misleading;

·      3D shape associated with your trademark;

·      is too common/non-distinctive; and/or

·      similar to state symbols like flags or hallmarks based on World Intellectual Property Organisation guidelines. 

5. How long does the UK registration of a Trademark last?

10 years, but it can be renewed every 10 years by paying a renewal fee. The renewal period is 6 months before the trademark registration expires. However, if the renewal fee is not paid by the next renewal date, then the trademark will expire. Although, a point to note is that there is an extra 6 months from the renewal date in which to renew the registration, but you will need to pay a fee for late renewal.

6. What about unregistered trademarks?

Trademarks can exist without being registered; these are known as unregistered trademarks. Therefore, if some is using a trademark which is with either identical or similar to yours then you may still be able to pursue that person under the law of passing off.

However, please note that proving passing off is harder than defending a registered trademark. The law of passing off is a difficult area of law. Put simply, in order to pursue someone for passing off, you would need to demonstrate the following:

- You are the owner of the mark;

- goodwill built up which is associated with the mark;

- you have suffered harm as a result of someone else using the mark.

Next steps?

If you want any advice on registering a trademark or more detailed advice on unregistered trademarks then drop me a message or an email at [email protected] and lets discuss next steps.