Protecting a registered trade mark

The proprietor of a registered trade mark should take steps to protect the trade mark.  Protecting the registered trade mark is effectively protecting the brand or businesses most valuable asset.

Although not a legal requirement, the use of a trade mark notice can help to inform people to the intellectual property rights in the mark.

Unchallenged infringement can dilute the value of the trade mark. Infringement is the unauthorised use of the mark, this can come in the form of counterfeit goods bearing the trade mark. Thus it can be useful to set aside a budget for tackling infringement.

Keeping the mark in use will help to protect the registration of the trade mark, if a trade mark is not used it can be susceptible to revocation.  

New logos or trade names should be reviewed to see if they should be protected by trade mark registration. Existing trade marks should be reviewed to ensure that current use is protected, it may be necessary to file a new application with altered classes or services.

It is advisable to keep an eye on renewal dates, if we are your agent we will keep an eye on the renewal date for you, we will notify you six months in advance of the renewal date. 

By Sam O'Toole