Summary
- Trade mark registrations protect your business name, logo, and brand elements, giving you exclusive rights to use them and the ability to licence them to others.
- Patents protect new inventions, last up to 20 years, and are more complex and costly to obtain than trade marks.
- Both trade marks and patents can be protected internationally – trade marks via the Madrid System and patents via the Patent Cooperation Treaty (PCT).
- This article is a plain-English guide to trade marks and patents for UK business owners, explaining the key differences between the two forms of intellectual property protection.
- It has been produced by LegalVision, a commercial law firm that specialises in advising clients on intellectual property matters.
Tips for Businesses
Register your trade mark early to secure exclusive rights to your brand. If your business produces inventions, seek patent protection before publicly disclosing them, as disclosure can invalidate your application. Consider international protection if you trade or plan to trade abroad. Review renewal deadlines for both trade marks and patents to avoid losing protection.
Intellectual Property (IP) rights can be complex for business owners to understand. Some types of intellectual property may be relevant to your business, others not. It is essential to be aware of your company’s various IP assets. This article will explore the differences between a trade mark and a patent so you can consider whether registering either is appropriate for your business.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
What Do Trade Mark Registrations Protect?
Trade mark registrations protect your business’s brand. You can use trade mark registrations to legally protect your:
- business name;
- logo; and
- any essential products or other elements integral to your business’s brand.
Having a registered trade mark for your business gives you specific rights. Not only does trade mark registration give you the exclusive right to use that trade mark, but you can also decide whether you want to allow others to use it. Registered trade marks are also seen as attractive assets by investors and buyers, should you ever decide to sell your business or take on investment.
The UK Intellectual Property Office (UKIPO) handles all UK trade mark applications. To be valid for trade mark registration, your trade mark must be unique and distinctive. If your chosen mark is too similar to an earlier trade mark, you may not be able to register your trade mark. Your trade marks can be:
- words;
- sounds;
- images;
- colours;
- or a combination of the above.
If your trade mark is unable to achieve registration, you can hold an unregistered trade mark. You can prove your ownership of this through the use and the accumulation of reputation and goodwill associated with that brand. If anyone infringes your unregistered trade mark, it can be challenging to establish a legal claim, though.
Protecting an Unregistered Trade Mark Through Passing Off
If your trade mark is not registered, you can still take legal action through a claim called passing off. To succeed, you must prove three things:
- your brand has an established reputation;
- someone else misrepresented their goods or services as yours; or
- that misrepresentation caused you financial harm.
Passing off claims are harder to win than registered trade mark disputes. You need strong evidence of your reputation, such as sales records, marketing history, and customer recognition.
This takes time and money to build. Registering your trade mark removes this burden entirely. It gives you clear, documented ownership from the date of registration. As such, obtaining a trade mark registration makes it much easier to take legal action.
What Do Patents Protect
Patents protect inventions. If your business creates brand-new inventions, you may need a patent to prevent anyone else from marketing or selling products that use your invention.
To obtain a patent, you must:
- design your invention to be made or used;
- ensure it is new and inventive, so not an obvious modification of something already existing; and
- keep your invention secret.
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form, and we will contact you within one business day.
Key Differences
The following section examines the key differences between trade marks and patents.
Registration Process
Although you can apply for both patents and trade mark registrations online through the UKIPO, a difference between a trade mark and a patent is that registering a trade mark is more straightforward than applying for a patent.
To apply to register a trade mark, you need to:
- describe what you would like to register as a trade mark, such as by uploading an image of your logo; and
- decide which trade mark class or classes you would like to register your trade mark in.
The application fees for trade mark registration are £170 for one trade mark in one class and £50 for each additional class. It usually takes around three months to register your trade mark.
Patents, however, are more challenging to obtain than trade marks. They:
- are more expensive and the costs often depend on the level of detail in the application;
- take much longer to get a patent (usually several years);
- have several stages; and
- require a large amount of evidence to be submitted.
Therefore, most people seek the professional advice of a patent attorney or intellectual property lawyer when submitting patent applications.
International Protection
Trade marks and patents, while territorial rights, can both be protected internationally, but using different systems.
For trade marks, the Madrid System allows you to file a single application to seek protection in up to 131 countries. Based on your UK trade mark, you can file an international application, which the IP offices of designated countries then examine. International registrations last 10 years and are renewable indefinitely.
Patents utilise the Patent Cooperation Treaty (PCT) system, which covers 153 states. You file one international patent application, which undergoes an international search and optional examination. However, you must then pursue the application in individual countries during the “national phase”.
Length of IP Protection
Another key difference between a trade mark and a patent is the duration of the protection.
Once granted, a registered trade mark lasts for ten years, and it can be renewed. There is no limit to the number of times you can renew your trade mark registration. Therefore, you can keep your trade mark registration indefinitely, provided you renew it on time and a third party does not challenge it. Renewal fees are currently £200 for the first class of goods or services, and an additional £50 for each further class.
Conversely, a patent initially lasts for four years and must be renewed every year after that, up to a maximum of 20 years. The cost to renew the patent increases yearly, starting at £70 for the first renewal, and rising to £610 by year 20.
Commercialisation and Licensing Opportunities
Trade marks and patents offer distinct licensing opportunities. Trade mark licensing focuses on brand extension, often involving ongoing relationships and quality control to maintain brand integrity. These licenses can last indefinitely, with potential for increasing value over time as your reputation grows.
Patent licensing, however, typically involves the transfer of manufacturing rights, often including the sharing of technical knowledge. These agreements are usually limited to the patent’s lifespan and may decrease in value as technology advances.
Both can enhance a company’s value, but their commercialisation strategies differ significantly. Trade mark licensing emphasises brand consistency, while patent licensing focuses on technological implementation.
Key Takeaways
Patents protect inventions, while trade mark registrations protect your business name and brand. Businesses that invent new products will be interested in obtaining patents, whereas all companies will benefit from registered trade mark protection. There are differences between patents and trade marks, such as the cost and duration of protection.
Frequently Asked Questions
What is a trade mark?
A trade mark protects a business name or elements of its brand. For example, you could register your business name or your logo.
What is a patent?
Patents protect inventions. To be eligible for patent protection, your invention must be brand new and genuinely inventive, meaning it should not be apparent to another person. Your invention must be designed for use or manufacture.
Can I own both a trade mark and a patent?
Yes, you can hold both. They protect different things – a trade mark covers your brand, while a patent covers your invention.
Can I protect my trade mark internationally?
Yes, the Madrid System lets you file one application covering up to 131 countries.
We appreciate your feedback! Request your free consultation now.
