Why your business needs trade mark protection

Do I have to register my trade mark?
It is not essential to register your trade mark, but registration confers a raft of rights.

Registering your trade mark gives clear legal protection to your brand. It grants you a statutory monopoly to use the trade mark in respect of the goods and/or services it covers. You can use the registration to stop others using the same or a confusingly similar mark. Your registration may also have deterrent value in preventing competitors from using your trade name without your permission.

A trade mark is also an asset that that you can sell or exploit through licencing. As an Intellectual Property right, your trade mark will form a key part of the intangible assets of your business.

Failing to register your trade mark
If you fail to register your mark, you could run the risk of someone else registering it and preventing your use. You may be able to take action for ‘Passing Off’ if someone uses your unregistered trade mark. However, this can be difficult and costly as you have to show that:

  1. You have goodwill in the mark.
  2. You have suffered damage as a result of the other person’s use of your mark.
  3. The other person’s use amounts to a misrepresentation.

However, by registering your mark, it is easier to take legal action if someone infringes it.

For advice on how trade marks can help your business, contact a specialist

Trade Mark Law Firm today
For FREE initial phone advice about how trade marks affect your business,