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Trademarks

Trademarks and Intellectual Property

Trademarks are an important aspect of intellectual property (IP). Trademarks are discrete and identifiable names, devices, signs, images, logos or expressions which differentiate products from a particular source from similar products from all other sources. Their core function is to identify the source of a product or service. An example of a trademark would be the Apple Inc. apple device, or the Microsoft Corporation flag. They are important in allowing you to prevent other companies imitating your products, and ensuring that consumers are able to identify your products and develop brand loyalty towards your company and products. Trademarks, unlike copyrights, are not limited in duration and hence can be relied upon to protect your company’s IP for as long as the trademark is utilised and the registration is maintained.

Registration and use of (tm)

Trademarks can be protected by registration (®), or common law trademarks (tm) can arise through a sustained period of use. Each of these means provides for the possibility of enforcing of your company’s exclusive rights to make use of the trademark, either through an action for registered trademark infringement (registered) or through the tort of passing off (unregistered).

What sort of use can I register for?

To be protected by a trademark (or service mark) the product or service must fall within one of the protected classes set out in the Nice Classification of Goods and Services (WIPO). There are currently forty-five classes of goods and services which are capable of protection through trademarking.

Let’s Start the Process

The process of acquiring a registered trademark in the United Kingdom requires that the purported trademark is adequately distinguishing, and also that there is no registered trademark in a similar class which is confusingly similar to the one you seek. In order to avoid the costs and inconvenience associated with making an application which turns out to be contested by the owner of a previous trademark use Law Hound to help you through this process at a fixed cost. Phone 01244 300413

Law Hound