If you have a product or offer a service under a brand name or trademark, you should protect this business identity, market position and commercial advantage by trade mark registration. Registration is obtained in the UK by filing a UK trademark application at the UK Intellectual Property Office or as part of a community registration (which covers all 27 EU Member State).
A UK trademark registration is prima facie and immediate evidence of your ownership of the registered trademark in relation to the goods/services covered by the registration. It is the quickest and most cost effective way to secure monopoly rights. Registration can be obtained in less than four months.
Although unregistered rights are recognised at common law, via the tort of passing off, there is an onerous burden of proof upon the claimant to bring such an action. Unless the trade mark has been advertised very extensively in the UK, it takes several years or more to accrue enforceable passing off rights, which must be supported by evidence. It is difficult and very expensive to bring a successful passing off action.
Registration is powerful and has a two-fold benefit. It ensures the continued right to use your trade mark and secures a powerful weapon to try and prevent others from using an identical or confusingly similar one in relation to overlapping or related goods/services. If an unscrupulous third party registers your trademark or a similar trademark, they could "turn the tables" and prevent the continued use of your Trade Mark, notwithstanding that use of your trademark might have started before. Rather than risking this situation, it is strongly advisable to seek registration as early as possible.
In order to obtain registration, your trademark must fulfill certain criteria, which will be checked by the UK IPO, after your application has been filed. It must be distinctive and not descriptive of the goods/services in respect of which trade mark registration is sought. It must not be customary in the trade or generic. Also, the trade mark must not conflict with earlier trademark applications or registrations. The examiner conducts a search for earlier trademarks. Provided your trademark meets these requirements, registration can be obtained for words, logos or slogans.
It is also vital to remember that, notwithstanding that you might have registered domain names and a company name, trademark registration is still essential. It is a common misconception that domain name registration and company name registration protects your trade mark. They do not. They simply prevent others from registering the same domain or company name. They do not protect against others using an identical or similar trade mark.
Your brand name is one of the most valuable assets of your business and must be given the protection that it deserves. Trade mark registration is the answer.
Albright Patents are a UK Trademark Attorney who can represent you before the British and European Property Offices, and file your Patent, Trademark and Design Applications in a cost-effective way.
We can prepare, file and prosecute UK Trademark Applications at the United Kingdom
Intellectual Property Office (UKIPO) on your behalf. We are also qualified European Trademark Attorneys. In addition to filing and prosecuting Community Trademark (CTM) Applications, we specialize in opposition, revocation and invalidation proceedings before The Office of Harmonization for the Internal Market (OHIM).
Article Source: http://EzineArticles.com/6029577A UK trademark registration is prima facie and immediate evidence of your ownership of the registered trademark in relation to the goods/services covered by the registration. It is the quickest and most cost effective way to secure monopoly rights. Registration can be obtained in less than four months.
Although unregistered rights are recognised at common law, via the tort of passing off, there is an onerous burden of proof upon the claimant to bring such an action. Unless the trade mark has been advertised very extensively in the UK, it takes several years or more to accrue enforceable passing off rights, which must be supported by evidence. It is difficult and very expensive to bring a successful passing off action.
Registration is powerful and has a two-fold benefit. It ensures the continued right to use your trade mark and secures a powerful weapon to try and prevent others from using an identical or confusingly similar one in relation to overlapping or related goods/services. If an unscrupulous third party registers your trademark or a similar trademark, they could "turn the tables" and prevent the continued use of your Trade Mark, notwithstanding that use of your trademark might have started before. Rather than risking this situation, it is strongly advisable to seek registration as early as possible.
In order to obtain registration, your trademark must fulfill certain criteria, which will be checked by the UK IPO, after your application has been filed. It must be distinctive and not descriptive of the goods/services in respect of which trade mark registration is sought. It must not be customary in the trade or generic. Also, the trade mark must not conflict with earlier trademark applications or registrations. The examiner conducts a search for earlier trademarks. Provided your trademark meets these requirements, registration can be obtained for words, logos or slogans.
It is also vital to remember that, notwithstanding that you might have registered domain names and a company name, trademark registration is still essential. It is a common misconception that domain name registration and company name registration protects your trade mark. They do not. They simply prevent others from registering the same domain or company name. They do not protect against others using an identical or similar trade mark.
Your brand name is one of the most valuable assets of your business and must be given the protection that it deserves. Trade mark registration is the answer.
Albright Patents are a UK Trademark Attorney who can represent you before the British and European Property Offices, and file your Patent, Trademark and Design Applications in a cost-effective way.
We can prepare, file and prosecute UK Trademark Applications at the United Kingdom
Intellectual Property Office (UKIPO) on your behalf. We are also qualified European Trademark Attorneys. In addition to filing and prosecuting Community Trademark (CTM) Applications, we specialize in opposition, revocation and invalidation proceedings before The Office of Harmonization for the Internal Market (OHIM).
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