Services For Business » Intellectual Property » TrademarksPrintPdf

The words "trade mark" refer to a sign which is used by traders to differentiate their goods from those of other traders. It is possible to register a trade mark, which can be a word, symbol, shape, colour, numeral, sound or even a smell, to give protection against copying by other traders.

Registration gives the proprietor the statutory right to the exclusive use of the mark in connection with the goods or services for which it is registered. The registered proprietor can authorise or license others to use the mark but, most importantly, registration gives the proprietor the right to sue for trade mark infringement any person who uses an identical or similar mark in connection with identical or similar goods without authorisation, where the use has caused or is likely to cause confusion. There is no requirement to prove reputation or goodwill. In certain circumstances, the proprietor can even prevent use of an identical or similar mark on dissimilar goods. Additionally, the Register is open to the public, and so registration acts as notice to the public of the proprietor's rights in a particular mark and, therefore, has a deterrent effect.

Trade marks can be registered in the UK, in the European Community and worldwide. We are experienced in the registration and the licensing of trade marks and would be pleased to discuss with you how we can assist.

Key People

Laura Clarke

Solicitor
T: 01626 202344
Email Me

News

The Cost of Not Checking Ownership in a Purchase
15/02/2012

One of the most important things to make sure of in any legal agreement involving the purchase of assets is that the transferor actually more »


It's My Name and You Can’t Use It!
28/09/2011

In the EU, names can be registered as Community Trade Marks (CTMs). Recently, the European Court of Justice (ECJ) refused to allow fashion designer more »