Here are our four key points to help you select and protect your Trade Mark……

1). Make it original!

The best Trade Marks are invented and not descriptive of your goods and services (think Google®, Daz® or Kodak®). Remember – the more distinctive your Trade Mark, the stronger your registered protection will be.

2). Search!

As a first step, use the internet and the UK Intellectual Property Office website to search for Trade Marks that are identical or similar to your proposed Trade Mark.

3). Seek professional help and register it!

A Trade Mark Attorney will advise regarding more detailed searching and registration – it is not simply a question of filling in boxes. To obtain robust protection, careful consideration must be given to various factors, including the format of the Mark to be filed and the specification of goods/services.

4). Think of the future!

In the six-month ‘priority’ period after the filing date of your UK Trade Mark Application, corresponding Trade Mark Applications can be filed aboard, claiming the filing date of an earlier Application. Since most Trade Mark systems operate on a first-come-first-served basis, it is important to secure the earliest possible filing date.

Remember that a UK Trade Mark Registration is prima facie evidence of your ownership of the Trade Mark in this country. Although unregistered rights do exist (under the common law tort of Passing Off), these rights are not immediate and only arise after substantial use/advertising of the Trade Mark.

For more information or help and advice on protecting your brand, please contact us.