As a business owner, filing a trade mark application can be integral to protecting your company\u2019s intellectual property. However, you may encounter several issues in this possess. This article explores three key things your business needs to do before starting a trade mark application.<\/p>\n\n\n\n
In England, it is possible to conduct a search of an online database which shows every trade mark which is registerd with the Intellectual Property Office. Trade marks are designed to be unique and therefore grant exclusive rights. Thus, it is not possible to register an identical or similar trade mark if it has already been registered in your area of industry.<\/p>\n\n\n\n
Therefore, before planning or submitting an application for a registered trade mark, it is important to conduct a search in order to avoid a potentially wasted application. It is vital to check the database to ensure you are not unknowingly infringing another business\u2019s intellectual property rights by using their registered trade mark without their consent.<\/p>\n\n\n\n
Once you have conducted a search of the database, you can decide on your final design for your mark. This can take the form of a:<\/p>\n\n\n\n
Trade marks are highly unique in character and can take any or all of the above forms. It is encouraged to be creative when designing your mark. This will increase your chances of a successful application, and assist in your mark being memorable among consumers in your area of trade. When designing your mark, you must also keep in mind the restrictions in place for trade marks. For example, trade marks cannot be offensive, misleading or too descriptive or commonplace. They also cannot take the form of recognised state symbols or emblems such as flags.<\/p>\n\n\n\n
It is also important to be aware of other intellectual property rights that can arise when designing your trade mark. If you are the original creator of the mark and it is considered a piece of artistic work, your mark could also be protected by copyright protection. Copyright is an automatic right which protects original pieces of work from the moment of creation. You therefore do not need to register copyright. It is an important IP right to be aware of in addition to any additional protections you receive as a result of registering your trade mark.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n