One of the primary purposes of a trade mark is to allow the public to be able to identify goods or services as belonging to a particular business. These can therefore be particularly valuable assets of a business and the law provides additional protection to trade marks when they are registered.
Whilst it is also possible to have rights over an unregistered trade mark (e.g. a right to claim for ‘passing off’), a greater level of protection is afforded to a business with a registered trade mark.
Commonly, a trade mark may consist of a business’s logo, slogan or trading name. It is however possible to register a trade mark in relation to a sound or a colour, providing it meets the necessary criteria.
Amongst the benefits of registering a trade mark are that this will allow a business:
- Greater protection and options in pursuing a claim against another who is guilty of trade mark infringement (e.g. using the mark without permission);
- To sell and license its branding to third parties; and
- To dissuade others from using the mark by notifying them that it is registered, using the ® symbol.
How we can help
Our intellectual property lawyers have significant experience in dealing with a number of trade mark-related issues, including:
- Carrying out detailed trade mark searches;
- Registering trade marks in the UK or internationally;
- Pursuing or defending claims for trade mark infringement; and
- Advising on, and drafting, trade mark license and assignment agreements.
In addition to the above, our lawyers are also able to assist and advise on a number of other intellectual property-related issues.