You’ve spent a significant amount of effort, time and money pondering an appropriate name for your company and designing your logo and you want 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 trade name?
There are many benefits of registering a trade mark. They include:
preventing other people from using your trademark without your consent;
being the sole owner of the rights to use that mark on your selected products or services.
being able to be able to use the trademark symbol registered for trade (r) in the name of its owner.
Third users who use your mark without permission may harm your reputation, brand as well as your business. Registration of a trademark protects your name and allows you to block someone from using your mark (and like marks) to market similar or identical items and services.
Trademarks are an asset of value that could be utilized to expand your business’s reach, for instance by granting a license to other companies.
I’m thinking about taking on a new brand name or a new. What do I do?
If you’re thinking of taking on a new name or brand, it’s worth conducting a trademark search EU to determine whether anyone else has registered the identical (or the same) name and offers similar or similar goods and/or services. If it is the case any, the owner of the previous mark may file a lawsuit against you, preventing your use of the mark. In the event of this you may want to consider using an alternative label or name.
It is possible to apply for the registration of the trade mark before it is being used, in the event that there is a real intention to utilize it.
Do I have to sign my name or brand before I can make use of it?
There is no requirement to register a trademark for it to use; you can utilize a trademark that has not been registered. But, if you don’t register the mark an other business might be allowed to use it or even register it, and hinder the use of it in the future.
What are the requirements to register?
According to the Trade Marks Act 1994, an “trade mark” is any mark that can be visually represented, and capable of distinguishing the products or services of one business from other companies.
The trademark must be distinct and not only describe the services and goods the company offers.
How long will the registration be valid for?
A UK trademark is valid for a period of 10 years. After this period the protection may go through the entire duration of time if you pay renewal fees.
My company operates in the UK as well as other European countries. Where do I apply for a trade mark registration?
It is important to ensure that your trademark is secured in the country where that your company operates or plans to do business in.
If you are only providing goods and services only in the UK then having a UK registration can protect your business. If you are operating in one or all European nations, then you are able to expand your rights by applying for an European Union Trade Mark.
I own an European Union trade mark. The UK has been out of from the European Union, what does this mean for my trademark?
EU trade marks will be legally valid in the UK up to the end this transitional period. 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 the same rights to trade marks in the UK and there is no requirement for the owner to pay additional costs or go through another registration process.
