What is a Trade Mark?

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

What is a Trade Mark?

The important thing to note about trade marks is that they distinguish your business from others. Therefore, a key feature is that they are unique in character. A registered trade mark 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 way of gaining strong intellectual property rights. It also creates a stronger reputation for your brand.

A trade mark 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
• McDonalds’ “Golden Arches”; and 
• the Coca Cola logo.

The Benefits of Registering Your Trade Mark

The Intellectual Property Office (IPO) is the public body that registers trade marks. However, the law does not obligate you to register your trade marks. In fact, some trade marks exist in an unregistered form, and you can identify unregistered trade marks by the “™” symbol beside them. 

The benefit of registering your trade mark with the IPO is that you obtain better protection over your intellectual property. Upon registration, you will obtain exclusivity over your trade mark within the areas of trade you register within. These areas of trade are known as classes, 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 includes any legal proceedings you initiate as a consequence of a competitor’s unlawful use of your trade mark.

What Do Trade Marks Apply To?

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

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

Trade marks can be used 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 a lot of different ways. 

Requirements for Registration

Any business can register their trade mark including brand 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, the IPO will likely refuse your application

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 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. If your trade mark meets certain eligibility requirements, the Intellectual Property Office will register it. Registration grants your business a strong degree of protection over the trade mark. Practically, it prevents your competitors from using the trade mark without your permission. The law favours creativity when it comes to protecting them with registration, as these are more likely to distinguish your A registered mark will remain registered for 10 years which means full exclusive rights for that period. The registration process can be difficult and 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, LegalVision’s 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.

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