Trade Marks

A trade mark is a sign that distinguishes your company, service or product from all the others in the marketplace. It can be a simple logo (think of the Nike “swoosh,” originally created by a graphic designer in a hurry for $35, now recognized worldwide), but it can also be a word or combination of words, or even a combination of words and a logo. Even a distinctive style of packaging (the unique shape of the Coca Cola bottle comes to mind) can be a trade mark. Ideally, a trade mark will permit your customers to recognise your product or business and to pick it out from other similar products or businesses.

When you select a trade mark you should be sure it is distinctive and it does not too closely resemble a trade mark for a similar product or service. More than that, it should stands out enough from the rest to make a unique impression.

It is important to realise that your company name or website address do not, without more, entitle you to any rights in those names as trade marks.

Existing trade marks

The failure to register a trade mark can result in the loss of your right to use it, if another company registers it first. While consistent use of a trade mark for a lengthy period of time may establish a common law right to the trade mark, the first to use a trade mark does not necessarily acquire the rights in the mark. Until rights have been obtained under common law the only way to ensure you can prevent others using the same or similar trade mark is by registering it.

Developing a new trade mark for your business

Designing a company logo and all the elements that go with it is generally a step that should not be undertaken casually: what is called “branding,” or creating a physical manifestation of the values you wish customers to perceive when viewing your product, can be key to your firm’s success or failure. While graphic design is one element, there are demographic, psychological, and marketing components involved.

If you are looking to develop a trade mark for a new business or to create a more effective one for an established business, Howard Lock Intellectual Property can assist you in finding experienced professionals to develop a “look and feel” that effectively communicates what your product or business is all about.

What is involved in registering my company’s trade mark?

The first step we would take would be to conduct a search to ensure that your trade mark will not infringe another person’s or company’s trade mark registration. If the search results indicate that the trade mark is free for use, we would then recommend filing a trade mark application. The client will want to consider whether to seek registration for the UK only, or further afield, depending on the anticipated range (geographic or perhaps sector-specific) of the product or company customers.

If the client wants protection in Europe, a European Community trade mark application can be filed to obtain a single registration that covers all the countries of the European Community.

Consult with Howard Lock about protecting your brand

Please phone 0114 218 0653 for a free initial consultation with Howard Lock. Find out how Howard Lock Intellectual Property can assist you and your business. Or, if you have further questions before talking to us, contact us by e-mail.

This website is intended to provide general information about intellectual property laws and is in no way a substitute for specific legal or technical advice that may apply to your particular circumstances or those of your business.