You’ve put in a substantial amount of effort, time and money in deciding on an appropriate name for your company and making your logo and you’d like to ensure that it is not used by anyone else who may use it without consent. What do you do?
What are the benefits of registering a trademark?
There are many advantages to registering a trademark mark. This includes:
preventing other people from using your trade name without your permission
possessing the sole rights to use that mark to market your selected goods or services.
possessing the right to using the trademark symbol registered for trade (r) for the owner.
Third users who use your mark without permission may harm your brand’s reputation, your image and even your business. The registration of a trade mark helps protect your name and allows you to prevent someone else from using your mark (and identical marks) for similar and identical products and services.
Trademarks are an asset of value that could be used to grow your business’s value, for instance by granting it to third parties.
I’m thinking about taking on a new brand name or a new. What do I do?
If you’re considering taking on a new name or brand, it’s worth conducting a search on the trade mark register to see whether anyone else has registered the identical (or an identical) name and offers similar or identical products and/or services. If it is the case an earlier mark, the proprietor of the prior mark may make a claim against you in order to prevent the use of their mark. Therefore you could consider deciding to choose another label or name.
It is possible to apply for the registration of trademarks even before the mark is actually used, as long as there is a real intention to utilize it.
Click here for EU trademark search.
Do I have to be able to register my name and brand before I can be able to use it?
There is no requirement to register a trademark to use it. You may use a mark that is not registered. But, if you don’t register the mark and another company is permitted to use it or even register it, and stop the use of it in the future.
What are the requirements to register?
In the Trade Marks Act 1994, the term “trade mark” refers to any mark which can be visually represented, and can be used to distinguish the products or services of one company from those of other businesses.
The trademark must be distinct and should not be limited to describing the services and goods the company provides.
How long will the registration be valid for?
A UK trademark is valid for a period of 10 years. After that the protection may go through the entire duration of time if you pay renewal fees.
My company is located in the UK and in other European countries. What is the best place to apply for a trade mark registration?
You must ensure that your brand is secured in the country where that your company operates or plans to do business in.
If you are only providing products and services within the UK then having a UK registration can protect your business. If you have operations in any or all European nations, then you may expand your rights by applying for the European Union Trade Mark.
I own an European Union trade mark. Since the UK has quit from the European Union, what does this mean for my trademark?
EU trade trademarks will remain legal in the UK until the conclusion in the period of transition. That is, up to the 31st December 2020 (unless it is extended).
Following that it is suggested that all EU trademark owners will be given similar rights to their trade marks in the UK and there is no requirement for owners to pay additional costs or go through any registration procedures.