Trade Marks

In the UK use of a trade mark over time can give rise to ‘common law’ or unregistered rights, actionable under the law of passing-off.  However, enforcing such rights can be difficult, time-consuming and expensive.  For new businesses or brands, that have not yet time to establish themselves, unregistered rights will not arise. Overseas, many countries do not recognise unregistered trade mark rights.  As such, even if you have been trading in a country for some time, you may be unable to stop a competitor adopting your mark or similar.

In contrast registered trade marks are a far more effective form of protection. Trade Marks can be registered at any stage. They can be filed ahead of launching a new business or product.  They can also be filed if you have used your mark for many years. 

A Registration Certificate is itself evidence of your rights, providing greater certainty should you need to stop infringers.  

Registered trade marks provide protection for a potentially unlimited period of time and allow you the ability to stop others using an identical or confusingly similar mark for the same or similar goods or services. 

There are a number of routes to registration. If you are only trading in the UK then a national UK Registration may suffice.  If you are operating more widely, then you could consider filing an EU Trade Mark, an International Registration, and/or national applications with individual Intellectual Property Offices worldwide.

We advise on the most suitable and cost-effective filing strategies tailored to your business.  We can advise on availability and registrability, and assist you in filing and prosecuting trade mark applications throughout the world.  We can also advise on assignment and licensing, and can assist with enforcement of rights (including infringement advice).