Further, competitors may be liable for infringement if they use your trade mark without permission. If a third party seeks to register their business name as a trade mark, you can oppose the application on the basis that it is too similar to your registered trade mark. A strong trade mark portfolio can be amongst a business’s most valuable assets, dwarfing the cumulative value of all others. Often, the bulk of a business’s value is derived not from its tangible assets such as office buildings, but from those that are intangible, such as its brand. In an increasingly crowded marketplace, an instantly recognisable, unique brand allows consumers to easily identify your goods or services and purchase accordingly. Ensure consumers can easily identify your brand You maintain your brand’s exclusivity and avoid any reputational damage caused by consumers receiving a substandard service from third parties. When you alone can use your business name, there is no confusion over whose goods or services a consumer is purchasing. Further, many online marketplaces, social media platforms and search engines take swifter action against the alleged infringement of registered trade marks than other, less easily identifiable, intellectual property rights. Registered trade mark owners can ask border patrol agencies to detain any infringing merchandise imported or exported from the UK. The right granted is a monopoly, so you will be the only entity entitled to trade under the name in your sector. Registering your business name as a trade mark provides powerful legal protection. What are the benefits of registering your business name as a trade mark? Legal protection However, there are several significant benefits to doing so. There is no legal obligation to trade mark your business name. Do I need to trade mark my business name? It applies to businesses who select the name independently of you, and, often, even to those who were using it prior to your registration.Ī trade mark lasts for an initial period of ten years but can be renewed indefinitely. This right extends beyond so-called ‘copycats’. You can prevent third parties from using anything too similar in connection with the same or similar goods and services. Once you have registered your business name as a trade mark, you enjoy a monopoly over it in connection with your chosen goods or services. Our trade mark solicitors can advise on trade mark classification and prepare the application accordingly. For example, class 25 covers clothing and headgear, so a clothing manufacturer will choose class 25 along with any others that might apply to its commercial operations – class 14 for jewellery, perhaps. In the UK, goods and services are broken down into 45 ‘classes’ for trade mark purposes, and your application must specify those relevant to your business. Applications are submitted to the UK Intellectual Property Office (UKIPO), which will check that the mark satisfies the registration criteria, before accepting or rejecting the mark for registration. Unlike other forms of intellectual property, such as copyright, which arise automatically in the UK, a trade mark must be registered. Well-known trade marks include the business names Starbucks, Pepsi and Nike. They are often referred to as a ‘badge of origin’ and are widely used by businesses to protect their name and branding. Trade marks are a type of intellectual property. In this edition of Ask the Expert, our trade mark solicitors discuss the benefits and challenges associated with trade mark registration. One of the easiest and most cost-effective ways to protect your business name and brand is through a registered trade mark. Businesses spend vast amounts of time and money developing the right name and branding, so protecting them should be high on your priority list. An instantly recognisable brand inspires consumer loyalty, gives a competitive edge and, ultimately, maximises profitability. Building a well-known brand takes time, but the rewards are immeasurable.
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