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A Trade Mark is a sign which is capable of distinguishing the goods or services of one undertaking from those of another. It is essentially a “badge of origin”. A sign must not have already been registered in respect of the goods or services to which it relates, and it must not be descriptive of the goods or services to which it relates.
To secure Trade Mark protection in the United Kingdom, an application process is required to be undertaken through the United Kingdom Intellectual Property Office. The process is commenced by filing an Application Form. The application is then examined and, if it is accepted, it will then be published. Third parties are then afforded an opportunity to oppose the registration. If the registration process is successful, a United Kingdom Registered Trade Mark will be obtained and this can be indicated by placing the ® symbol next to a mark. The process takes on average 5 months.
If someone then uses the Registered Trade Mark in relation to identical goods or services, an infringement action can be pursued. Any such infringement is automatically illegal provided the registration is valid, and hence strict liability is imposed upon an infringer. This protection lasts indefinitely in renewable 10 year periods. However, such a registration would only allow acts of infringement undertaken within the United Kingdom to be pursued. Saying this however, a registration in the United Kingdom allows the symbol to be placed next to the mark wherever it is used in the world and, since most laypersons assume this means the same is protected worldwide, a registration in the United Kingdom can prove to be a strong worldwide deterrent to infringers.
United Kingdom Trade Marks are registered against 1 or more of 45 set classes of goods or services.
Registering a Trade Mark in the United Kingdom does not protect it elsewhere in the European Community. To protect a mark throughout the European Community, a business can apply to the Office for Harmonisation in the Internal Market for a Community Trade Mark, this Office being based in Alicante, Spain.
Enforcement of a Community Trade Mark can be undertaken through a Community Trade Mark Court.
In addition, the ‘Madrid Protocol’ offers protection in the sense that, where an application is filed in a party’s own country, that registration is treated, within those countries signed up to this Protocol, as the equivalent of a registration effected directly in those countries provided that the initial registration is filed with the World Intellectual Property Organisation for subsequent filing in the countries signed up to the Protocol where protection is required.
A trade mark is a type of intellectual property that can consist of words, logos, sounds, colours or any combination of these. It distinguishes your goods or services from those of your competitors.
Registering your trade mark gives you exclusive rights to use it in relation to the goods and services for which it is registered. It makes it easier to take legal action against anyone who uses your trade mark without your permission.
To register a trade mark in the UK, you need to apply to the UK Intellectual Property Office (IPO). The application should include a clear representation of your trade mark and a list of goods or services that it will be associated with.
After a trade mark application is published, there is a period during which third parties can oppose the registration. An opposition may be based on earlier rights, such as an earlier trade mark or a company name.
Trade mark infringement happens when an unauthorised party uses a trade mark that is identical or confusingly similar to a registered trade mark, for the same or similar goods or services.
If you believe someone is infringing your trade mark, you can take legal action against them. This might involve sending a cease and desist letter or filing a lawsuit. Franklins Solicitors can provide advice and representation in such cases.
Yes, you can use your trade mark on the Internet, including on your website, in domain names and on social media. However, you should be aware of potential trade mark issues that can arise online, such as domain name disputes or unauthorised use of your trade mark on social media platforms.
A registered trade mark can be revoked if it hasn’t been used for a continuous period of 5 years. An invalidity action can be brought if the trade mark should not have been registered in the first place, for example, if it is not distinctive or it is deceptive.
If you have any questions about intellectual property law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
