Trade Marks - Your most valuable assets!
No business can operate without a trade mark. How else
can your existing customers find you or your products again,
and how can new customers find you in the first place? It
is no exaggeration to say that your trade marks are your
most valuable assets. But are you conscious of the value
of your trade marks and have you taken the right steps to
protect them?
What is a trade mark?
A “trade mark” is defined by law
as any sign that distinguishes the goods or services of
one undertaking from those of another. Most trade marks
are words, names or logos – but more fancy trade marks
include shapes, sounds and even smells. So long as your
trade marks are capable of graphic representation, they
can be capable of protection.
Is my company name protected automatically
?
It is worth noting at this stage that registration
of your company name gives you no trade mark 'rights'. Registration
of your company name at Companies House only ensures that
a company of EXACTLY the same name cannot register. It does
not stop similar names being registered (although Companies
House will block certain requests for similar names) and
it gives you no 'rights' to use the name or to stop others
from using it.
How do rights in a trade mark arise?
Rights acquired by using a trade mark are
founded in common law. Briefly, if you have used your trade
mark to the extent that you can point to “goodwill”,
you might be able to protect your rights if someone
else uses the same or a similar mark in a way that leads
to confusion and damages your business. This is known as
“passing off”. Rights that are acquired through
use are, however, difficult to prove and even more difficult
to enforce. If your trade marks are important to you ( and
they are! ) you should not rely on the rights that arise
through use.
Trade mark registration – why and how?
Registration of your trade marks adds value
to your business. The goodwill in your business is symbolised
by the trade marks that you use, and these are quantifiable
assets with monetary value. If and when you decide to sell
your business or any part of it, you will need to show that
you own the rights in your trade marks, and being able to
point to registrations is proof of ownership.
More immediately, you need to register your
trade marks to ensure that no one else obtains a registration
and then objects to your use; and also to enable you to
stop others from using your marks or similar, either by
design or coincidence. e.g. You develop a new electronics
toy and call it the "TechnoGizmo 2020 Deluxe".
You advertise, you get leaflets printed, you are already
to launch the product and your competitor has registered
the trademark "TechnoGizmo" while you were busy
preparing your marketing plan. You cannot show goodwill
in a customer base and you now, potentially have no right
to use the words that are being engraved into those products
coming off the production line. Registration is first come,
first served - no second chances.
Trade marks that are used only in the UK can
be registered at the UK Trade Marks Office; if your marks
are used in other countries of the EU, you can obtain a
Community Trade Mark (CTM) which is a single registration
covering all 25 countries of the European Union; and if
you trade globally, you can register your marks in the countries
that are important to you. Depending on the countries of
interest, you might be able to obtain an International Registration.
To register a mark, it is necessary to identify
the goods and/or services for which you want to protect
your mark. Different goods and services are separated into
“trademark
classes”, of which there are currently 45. Once
registered, a trade mark registration lasts usually for
10 years and can be renewed thereafter forever so long as
maintenance payments are made at 10 year intervals.
How much does it cost to register a trade
mark?
Probably not as much as you might think. A
UK registration can cost as little as £550, including
official fees and the services of a trade mark attorney;
and a CTM (European Community Trademark) can be obtained
for about £2000. Divide these figure by 10 (for each
of the years that your registration will last during it
first term) and you will see that the annual cost of protecting
your trade marks is really quite insignificant when compared
to the value of your marks and the cost of trying to retrieve
the situation through solicitors and litigation where you
try to enforce unregistered rights.
Why use a trade mark attorney?
You can file for the registration of your
marks yourself. Trade mark registration can, however, be
a complicated business and it is important to get it right
– mistakes made at filing could be irretrievable later
on. We recommend that you use the services of a trade mark
attorney in order to ensure that you get it right first
time and therefore save money in the long run. For example,
once a trademark is filed, extra classes cannot be added
to the registration. Incorrect filing could render your
trademark application useless.
What next?
If you want to register a trade mark,
or if you feel that you need more information before deciding
how to best proceed, simply click the link below and fill
in the following form and we will arrange for you to be
contacted by a qualified and experienced trade mark attorney.
There’s no obligation – if you decide that registration
is not for you, no problem and no charge! While you are
waiting, we would suggest looking at the
trademark classes so that you have an idea of what areas
of trade you want your mark protected under.c
