How do we help clients decide whether or not to trade mark?
Any individual, company or charity can apply for a trade mark registration but it's often something that seems a little overwhelming when you're first starting out.
Do I really need to defend my logo, name, slogan or other brand assets from imitation or unauthorised use?
Isn't my unique web domain teamed with my visual identity enough to stop copycats?
How do I even police it even if I do go ahead?
So many questions! So, here at IGNITE Our Brand, we like to simplify things.
Let's start with the basics:
What is a trademark?
A trade mark is an intellectual property right consisting of a recognisable sign, design or expression that identifies products or services from a particular source and distinguishes them from others.
Registering a trade mark grants protection for arguably a company’s most valuable asset: the brand. Owning a trade mark grants the owner the exclusive right to use that trade mark, as well as the legal right to stop others using the mark (or a confusingly similar mark) without authorisation.
What can be registered?
There are a number of different assets an individual or business can register as a trade mark. Aside from the brand name, it is possible to register a logo, brand name, distinctive brand colours, slogans, and more.
What are the requirements for a trade mark to be registered?
A trade mark cannot be descriptive or generic. It is difficult to obtain trade marks for brand names that describe the goods and services offered, are generic or have become customary in trade. A trade mark must also not be offensive, be misleading, make use of national flags you do not have permission to use or make use of official emblems or hallmarks, for example the coats of arms. A trade mark must not be the same as or similar to existing trade marks. This can give earlier rights holders the chance to oppose the trade mark during the opposition stage or invalidate it post-registration.
What are trade mark classes?
Trade marks must be registered in respect of specified goods and services, which are categorised into classes. It is more cost efficient to include more classes at the outset than to make additional applications later as once the application has been filed it’s not possible to add new classes. Additionally, the goods and services selected should be ones that the business currently offers or will likely offer in the next few years.
Careful consideration should be given as to which territories should be filed for. Protection will only take effect in those jurisdictions in which they are registered. For example, the mark should be registered in the jurisdiction where goods are manufactured, as well as where they are marketed or sold.
Why not follow our flow chart below to see if trademarking is right for your business:
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Consider your brand protection.
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