A trade mark is a sign which can distinguish goods and services from those of the competitors. It can be for example words, logos or a combination of both, olfactive marks, auditive signs, tridimensional designs. The only way to register a trade mark is to contact with us – Your Trademark Lawyers.
Distinctive for the goods and services you provide. In other words they can be recognised as signs that differentiate goods or service as different from someone else’s.
Describe the goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose,
value or geographical origin of the goods or services;
Have become customary in a specifics line of trade;
Are not distinctive;
Are three dimensional shapes, if the shape is typical of the goods a person is interested in (or part of them), has a function or adds value to the goods;
Are specially protected emblems;
Are against the law, for example, promoting illegal drugs; or;
Are deceptive. There should be nothing in the mark which would lead the public to think that the goods and services have a quality which they do not.
A registered trade mark must be renewed every 10 years to keep it in force.
Registering a trade mark gives the exclusive right to use the mark for the goods and/or services that it covers in the country where it is registered.
If someone has a registered trade mark they can put the ® symbol next to it to warn others against using it. However, using this symbol for a trade mark that is not registered may be considered as an offence.
May put people off using a trade mark without the owner’s permission
Makes it much easier for the owner to take legal action against anyone who uses the trade mark without the owner’s permission
Allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use the trade mark
Is a property, which means that the owner can sell it, franchise it or let other people have a licence that allows them to use it.
If you do not register your trade mark, you may still be able to take action if someone uses your mark without your permission, however, that may be very difficult to prove and the other person can register the mark in his name. Therefore, the owner of the earlier trademark has to file a cancellation action and will probably be more expensive than simply registering a mark.