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If you are a business in the UK intending to register your trade mark, you may wonder how you can use the benefit to your advantage. When you register a trade mark with the Intellectual Property Office (IPO), with certain exceptions, the law grants you the exclusive right to use it. This article will examine how you can use your registered trade mark and what protections you gain.
Why Should I Register My Trade Mark?
If you have not yet registered for a trade mark, you may wonder what is the main benefit. For instance, as you may know, you do not have to register a trade mark to assert your rights against others using it.
The main benefit of registration is that your right to exclude others from using the particular mark arises automatically following a successful application. Whereas for unregistered trade marks, the right is not automatic. Instead, in the event of a dispute, you must demonstrate to the court that you have developed sufficient goodwill over the trade mark. Only if you can meet the legal threshold can you then assert an exclusive right over the trade mark.
This is not an easy task; usually, only well-placed businesses can meet the goodwill threshold test. But by registering your trade mark with the IPO, the law does not require you to prove goodwill in the event another person uses your trade mark. The right arises automatically.
Further Considerations
Trade mark applications cover a range of different things, including:
- words;
- logos;
- symbols;
- slogans;
- sounds; and
- any combination of the above.
If your business uses any of these as part of its branding, odds are it is in your best interest to register the trade mark with the IPO.
The application process is relatively straightforward. However, there is some necessary research and preparation you should undertake before embarking on a registration. Specifically, you should acquaint yourself with trade mark registration classes, as you only obtain legal protection under the classes you have registered with.
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Trade Marks and Branding
By registering your trade mark, you essentially mark off your business’ branding from competitors.
Trade marks are extremely commonplace among businesses as they set each apart and make a brand recognisable. If you want to build your brand, you will need to think of different creative methods of making your customer base spot your brand among all other competitors in your industry. A trade mark will help to do this as to be successfully registered, it must be distinctive in character. Therefore, your trade mark should be one of a kind in your industry which should set your brand apart.
Trade Marks and Marketing
Trade marks are essentially a way of identifying your brand or business easily. The concept is extremely useful in marketing as you can expose your business through various mediums and be easily identified by consumers. Trade marks can be used in marketing strategies through things such as:
- social media;
- online adverts;
- television commercials;
- products; and
- packaging.
The benefit of your trade mark to your marketing strategy is especially pronounced when the trade mark is a brand logo. For instance, consider how iconic the logos of Nike, McDonalds, and Apple are. Their strength largely lies in the fact the business can assert exclusive rights over their logos. This exclusivity, therefore, adds value to their marketing strategy.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Trade Marks and Customer Loyalty
Trade marks are valuable tools in expanding your customer base because they frequently transcend language boundaries. This in turn helps universalise your brand because you can rely on the branding alone to generate customer loyalty.
Of course, the laws governing trade mark protection differ depending on the jurisdiction. Therefore, you should obtain the advice of an intellectual property lawyer competent in each of the countries you intend to operate within.
Key Takeaways
A trade mark registered in England can be extremely useful for any business whether you have just started trading or are an established brand. The main benefit of owning a trade mark is gaining the exclusive rights that come with registration, as these will be easily enforced against any competitor who attempts to copy your mark. If you have not yet applied to register your trade mark, you may wish to do so. This will ensure the law clearly recognises your rights over the mark should a competitor use it without your permission.
If you need help or advice around trade mark applications, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
You need to submit an application and pay a fee to the Intellectual Property Office.
This is entirely dependent on the type of business and how you choose to market yourself but trade marks are most often used in marketing and branding materials.
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