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What is a trade mark?

Trademarks are important assets for businesses – our experts provide an explanation of the significance of trade marks and how to get one

Local companies, multinationals, charities and famous individuals are all the owners of trade trademarks. Trade marks can be any symbol that clearly identifies that you are the proprietor of products or services in order to make evident that the ownership of your products or services is with you.

It’s the mark that customers use to are able to find your product or service in the market. The proprietor of a trademark is the only person who can use the sign.

When it is used the reputation of your business as well as goodwill are attributed to your company, which makes your trade mark one of your most important assets. It’s a sign of confidence.

What can be a possible trade mark?

There are many things that could be considered trade marks Names and logos are among the most popular. Trade marks could be any thing that lets consumers differentiate your product or service from the ones of others.

Think of Intel and you’ll hear a particular jingle. BP will bring an image of a specific color of green. Toblerone is known for its chocolate peak. Yes, sounds, colors and forms can be trademarked as trade names as well.

The more unique trade marks are more difficult to register, and this is one of the main reasons for them to be less popular.

All of the following may be registered as:

* Word
* Logo
* Shape
* Position
* Pattern
* Color (single)
* Color (combination)
* Sound
* Motion
* Multimedia
* Hologram

A trademark must be unique, which means it is not able to be mistaken for an existing trade mark. Also, it cannot be descriptive. For instance, it is not possible to call your new brand of trainers’sports shoes’. Also, you shouldn’t refer to it as Pluma since it could be easily mistaken with Puma.

In the event of registering your company’s name, or having a domain name will not grant you any legal rights to block anyone else from using your logo or name.

If you decide to use an image or name without having it registered as a trademark and without confirming that it’s legal to utilize, then you run the risk of becoming aware of an organization that has the same name, or perhaps receiving a warning letter warning you to stop using your logo since it is infringes on a trademark that is registered.

There is also the risk of someone else using your trademark as a trademark and trying to prevent them from using the personal trademark – though there is a possibility for you to challenge by citing any reputational damage that you have earned through “unregistered rights” It can be costly and time-consuming demonstrate that you have rights prior to registration to a mark.

As your name is gaining popularity and you gain a reputation the more likely it is that people will begin to imitate your work. The protection provided by trademarks registered to you means that you can stop this.

Where do I register?

The majority of countries have their distinct trade mark systems for obtaining an international trade mark, you’ll typically have to apply for every country.

The EU has an international system that covers the entire EU members, which means that you get all-encompassing protection with just one application. Pros and Cons for each choice, so it is recommended to talk to an Chartered Trade Mark Attorney to discuss which EU design registration is best for you and your company.

The international application system permits applicants to file applications in several distinct countries using an application. But, the application must be reviewed and processed by the respective country.

Within the UK The Intellectual Property Office (UK IPO) is the official body that handles trademark registrations.

Once you have registered, you can utilize the R in circles to prove that your trademark is protected. Before registration, you should apply your TM superscript to indicate that you have claimed it as a trademark.

Expert support

Certified Trade Mark Attorneys (CTMAs) are legal experts who can assist you navigate the world of the law of trade marks. They are qualified professionals and know-how to help you safeguard and maximize the value of your trademark assets.

They will be immersed into your brand, advising on the most effective commercial and strategic plan with respect to your spending budget. They will tell you how you are able to register and when and guide you through the process from beginning to completion.

Your CTMA will conduct thorough search on your behalf and give you advice regarding whether the trademark is available to register in all regions you need.

They’ll also be there to assist you in the event that your trademark registered is copied.

Some attorneys have businesses that help to file for you but when you don’t see”Chartered” in their name, you are not “Chartered” in their name, they may not have the same level of training and won’t be required to meet the same rigorous regulations that CTMAs must meet.

How long will your protection last?

Trade marks have to have to be renewed at least every 10 years, but may in theory, last for the rest of time. Of however, there are ways where a mark could be removed from the registry of trade marks. For instance, if you cease using a trademark and third parties request to have it removed of the trade mark register.

Your CTMA will assist you and provide guidance on how you can maintain your registration.

What is the result if I copy someone else?

The more popular you are the greater chance that you are copied. The UK there is an Intellectual Property Enterprise Court. Intellectual Property Enterprise Court is an efficient method of settling dispute over trade marks.

Your CTMA will provide you with advice on what to do which usually involves an active engagement in the initial instance to prevent having to appear in court.

A registered trademark provides you with peace of mind on growing your business . It’s also is a valuable asset that can sell or leverage.