Trademark Advice
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Did you know...
There is an International Registration system available, called the “Madrid Protocol”, which may be more cost effective if you need to protect your Trademark in many different countries.
Trademark rights are territorial, which means that you should protect your Trademark in the countries that are important to you.
Helpful tip
The best Trademarks are invented words, think Google®, Daz® and Kodak®. Consider this when selecting your Trade Mark.
Trademarks
The trademark attorneys at Albright Patents LLP have extensive experience in filing and prosecuting trademark applications before the United Kingdom Intellectual Property Office (UKIPO), Community Trademark Office (OHIM) and the World Intellectual Property Organisation (WIPO).
Our trademark attorneys can advise you in all areas of trademark law, including:
- Trademark searching and clearance
- Registrability of your trademark
- Filing strategy in the UK, EU and worldwide
- Filing and defending trademark oppositions
- Filing and defending invalidation actions
- Filing and defending revocation actions
- Trademark, domain name and company name watching
- Trademark infringement
- Passing off
- Licencing
- Assignments
Trademark Overview
A trademark or brand name is a sign that distinguishes the goods and/or services of one undertaking from those of another. It is a business, product or service identifier.
A trademark is a valuable business asset that brings in custom, ensures re-purchasing and builds brand loyalty. Your brand name should be protected strongly from the outset and trademark registration is the recommended route to secure this. A trademark registration can be enforced against unauthorised third party use of an identical or confusingly similar trademark via the law of trademark infringement. Although rights accrue in an unregistered trademark by virtue of its use under the common law of passing off, the burden of proof is onerous and such an action may not be available until the trademark has been used for a considerable period of time.
The Value of Trademark Registration
A trademark registration is an important commercial tool and confers many advantages.
- It safeguards investment in your brand name and corporate identity enabling action to be taken for trademark infringement against others using an identical or confusingly similar trademark in relation to overlapping and/or related goods or services. Although rights can exist in a trademark on an unregistered basis via the common law of passing off, these rights do not exist immediately and are invariably expensive and difficult to enforce. In contrast, a trademark registration is prima facie evidence of ownership of your trademark;
- It precludes others from registering your trademark or a similar trademark and preventing the continued use of your trademark, forcing you to rebrand and rebuild reputation and position in the marketplace;
- A UK trademark registration is an asset of your business that can be transferred (assigned) or licensed; and
- A UK trademark registration is important if you wish to franchise and increases brand value.
Why Should A Trademark Be Registered?
A trademark registration confers immediate monopoly rights, even before the trademark has been used. It is prima facie evidence of your ownership of the brand name in relation to specified goods and/or services.
Unregistered rights in a brand name are often not available until a trademark has been used extensively or for a considerable period of time. In contrast, trademark registration provides strong monopoly rights which protect you against use of a brand name that is too close to yours, causes consumer confusion, dilutes your reputation or diverts business.
The trademark attorneys at Albright Patents LLP are experienced in how to secure the strongest protection for your brand name in a cost effective way. We will devise a strategy to protect your trademark in the countries or terrories that you require. Please complete the enquiry form on this page with details of your trademark and goods/services of interest and we will provide some initial advice without charge. Alternatively, please call and one of our trademark attorneys will discuss your requirements.
Company Name Registration
It is a common misconception that registering your company name at Companies House protects your name. This is not the case.
Company name registration simply prevents registration of another identical company name at Companies House. It does not prevent another party from using or registering an identical or similar trademark or brand name or give you the monopoly right to defend against this. Only trademark registration provides this protection.
For free and confidential advice about brand protection and trademark registration, call 01242 691801 or complete the enquiry form on the left of this page.
