What is a Trade Mark?

If you are a business in England, you likely have intellectual property you wish to protect. A trade mark is a type of intellectual property and can take many forms. This article will discuss how the law treats trade marks, and how you can protect your rights over your trade marks.

Trade Mark Essentials

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What is a Trade Mark?

A trade mark is any sign you use in the marketplace that acts as a “badge of origin” for your business to signify to consumers which business they are purchasing goods or services from. In other words, your trade marks are your “badges of origin”. Therefore, a key feature is that they are unique in character. A registered one should differentiate you from your competitors and be easily recognisable within your industry as relating to your business. 

Trade mark registration is a cost-effective and proactive way to strengthen your intellectual property rights and protect your brand.

It can take many different forms, such as:

• logos;
• slogans;
• words;
• colours;
• sounds; or
• a combination of any of the above.

Some famous examples of trade marks include:

• the Nike tick
• McDonald’s “Golden Arches”; and 
• the Coca-Cola logo.

Unregistered Trade Marks

While there are significant benefits to registering, trade marks do not need to be registered. The UK recognises that unregistered rights can exist within trade marks that have been used for a long time, or that have garnered a significant enough reputation. However, enforcing unregistered rights is a complex and often expensive task. You can signal to customers that you are using an unregistered trade mark by using the “™” symbol. If you want to secure your brand, however, usually the best thing you can do is to apply to register your marks proactively.

The Benefits of Registering Your Trade Mark

The Intellectual Property Office (IPO) is the public body responsible for administering and handling trade mark applications. 

The benefit of registering your trade mark with the IPO is that you obtain better protection for your intellectual property. Upon registration, you will obtain exclusivity over your trade mark within the areas of trade you register within. These trade areas are identified in trade mark applications and registrations as classes of different goods and services, which you select as part of your application. 

The effect is that you have clear grounds to challenge any competitor’s use of your trade mark. This may include initiating legal proceedings as a consequence of a competitor’s unlawful use of your trade mark. Your trade mark registration will also act as a defence if another business were to allege that your business was infringing on their trade mark registration.

Which Industries Can I Register My Mark In?

Any business can benefit from the law protecting trade marks, regardless of the industry in which it operates. 

The IPO distinguishes trade marks on the basis of their classification system. There are 45 classes in total, 34 of which relate to products, such as manufactured goods, and 11 to the provision of services.

You can use your trade marks for a multitude of different things, including:

• marketing and advertising;
• building customer trust;
• expanding products or services into different jurisdictions;
• establishing brand reputation; and
• creating new products or service trends.

Consequently, trade marks apply to numerous different areas and can be used in many different ways. 

Requirements for Registration

Any business can register its trade mark, including new businesses. The important thing is to create a trade mark that is distinctive and unique. Therefore, it is highly advisable to conduct a thorough search of similar trade marks that are already registered, as well as those undergoing the registration process. If you attempt to register a mark that is already registered with another business, this can pose an obstacle to your application achieving registration.

There are also some other restrictions you should bear in mind when designing your trade mark. Your mark must not be:

• too descriptive in nature;
• a national flag or protected emblem;
• offensive in nature;
• a commonplace name or place;
• misleading; or
• easily confused with another mark that is already registered.

Key Takeaways

Trade marks are a form of branding that businesses use to distinguish their products and establish market recognition. They can take many forms, including logos, slogans, words, colours or any combination of these. The Intellectual Property Office will register your trade mark if it meets specific eligibility requirements. Registration grants your business a substantial degree of protection over the trade mark. Practically, it prevents your competitors from using it without your permission. The law favours creativity when it comes to protecting a brand through registration, as this is more likely to distinguish it in the marketplace. 

A registered mark remains registered for 10 years, during which it holds full exclusive rights. The registration process can be complex. Therefore, it is advisable to seek assistance for your proposed mark.

If you need help deciding whether to file for a registered trade mark for your business brand, our experienced IP lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page. 

Frequently Asked Questions

What should I do if another business uses my registered trade mark without consent?

You should immediately seek legal advice to ensure you respond correctly. Typically, a lawyer will draft a letter requesting that the business cease its usage. However, it can often develop into alternative dispute resolution or formal court proceedings.

How much is registration with the Intellectual Property Office?

The standard application fee for registration is £170 for one class, with an additional £50 for each extra class you wish to register for. Costs will, however, vary depending on the application and how many classes you want to register for.

What is the difference between ® and ™?

The ® symbol can only be used next to trade marks that are registered. Use of this symbol in a misleading way may likely constitute a business offence. On the other hand, use of the ™ symbol is not regulated by law and can therefore be used next to any trade mark, regardless of whether that mark is registered.