The Advantages of a Registered Trade Mark.

The Advantages of a Registered Trade Mark.

If you have a business, you have a trademark and if you're serious about your brand, you should protect it with a registered trademark.

What is a trademark?

Your trademark is the symbol your customers use to identify and distinguish you from your competitors. Many of you will have quirky/original names for your business but have you considered brand protection? Every business needs to have a registered trade mark which when registered will allow you and only you to use it! 

What’s the difference between unregistered trademarks and registered trademarks?

Unregistered rights.

Your trademark is your brand- maybe your company name, a name you registered at Companies House. Very similar names can be registered at Companies House and setting up a company does not give you a monopoly over that term. 

You may be able to stop someone using a similar trade mark to yours on their goods and services. This is known as passing off. However it’s harder to prove passing off than it is to defend a registered trademark and you’ll need to demonstrate the following:

1. The mark is yours

2. You’ve built up a reputation in the mark

3. You’ve been harmed in some way by the other person’s use of the mark

This can be particularly difficult for start-ups of any nature as they may not have established a reputation and/or goodwill. 

Registered Trademark Rights

You can register your trade mark to protect your brand, for example the name of your product or service. So for example in the case of application software you could be protecting your name for the actual application you are selling or the service the application is offering.

If you are successful in your application a registered trademark will allow you to:

1. Take legal action against anyone who uses your brand without your permission, including counterfeiters

2. Put the ® symbol next to your brand - to show that it’s yours and warn others against using it

3. Sell and license your brand

contact jane@trademarkroom.com for your free consultation

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