{"id":178448,"date":"2022-11-17T18:29:12","date_gmt":"2022-11-17T18:29:12","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=178448"},"modified":"2022-11-22T22:40:23","modified_gmt":"2022-11-22T22:40:23","slug":"rights-in-trade-marks","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/intellectual-property\/rights-in-trade-marks\/","title":{"rendered":"What Rights Do I Have in My Trade Marks?"},"content":{"rendered":"

As a business, you likely have trade marks that reflect your business\u2019 brand. Even if you do not register your trade marks, the law in some cases will protect you from others using them without your permission. This article will discuss what legal rights you have in your trade marks and how they differ in unregistered versus registered trade marks.<\/span><\/p>\n

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What Are Registered and Unregistered\u00a0Trade Marks?<\/span><\/h2>\n

Trade marks, <\/span>both unregistered and registered<\/span><\/a>, take the form of a distinguishable mark such as a logo, slogan, sound, word or a combination of these. The mark distinguishes your business from others and is a branding tool to strengthen your business\u2019 market reputation.\u00a0<\/span><\/p>\n

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Unregistered Trade Marks<\/span><\/h3>\n

Unregistered trade marks are those that have not been registered with the Intellectual Property Office (<\/span>IPO<\/span><\/a>). Therefore, such marks do not possess the same legal protections as their registered counterparts. They are only enforceable when you have built up a sufficient connection between your mark and business.\u00a0<\/span><\/p>\n

Businesses commonly seek to assert their rights over unregistered trade marks<\/a> by using the \u201c<\/span>\u2122<\/span><\/a>\u201d symbol.<\/span><\/p>\n

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Registered Trade Marks<\/span><\/h3>\n

These<\/span>\u00a0arise when you make a successful application with the IPO. Registered trade marks are distinguished with the <\/span>\u00ae<\/span><\/a> symbol.\u00a0<\/span><\/p>\n

Registering a trade mark grants you exclusive rights to use the mark in your area of trade. It distinguishes your business from others and provides you with grounds to challenge anyone who uses the mark without your consent.\u00a0<\/span><\/p>\n

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Rights in Unregistered Trade Marks\u00a0<\/span><\/h2>\n

Unregistered trade marks grant you fewer rights largely because you have to assert a higher ownership claim over the marks than registered marks. In effect, your trade mark must contain adequate goodwill with the public. This means that there is a sufficient connection between the mark and your business\u2019 brand.<\/span><\/p>\n

If a competitor is attempting to use your unregistered trade mark, the law dubs this \u201cpassing off\u201d. And you can take legal action against this, provided you can satisfy the goodwill test mentioned above. The law also requires you to demonstrate that the competitor\u2019s misappropriation of your mark caused your business harm.<\/span><\/p>\n

The threshold tends to be quite high in satisfying these tests. As a result, your trade marks are better protected by registering them with the IPO.<\/span><\/p>\n

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