Trade mark FAQ’s- continued

Q: What is trade mark infringement?

A: Trade mark infringement occurs when a registered trade mark is used by a third party without the permission of its owner. This can have a differing level of effect on the trade mark, potentially damaging the reputation you have built up using your trade mark. Infringement can also occur when a similar mark to one already registered is used. The best way to ensure you will not fall foul of infringement claims is to always conduct  a trade mark search before using your proposed mark to ensure it is not already in use.

Q: Who is the UK Intellectual Property Office?

A: The UK Intellectual Property Office is the body that regulate and control all aspects of intellectual property in the UK. This includes registration, licenses, invalidations, maintaining of records amongst others. The UK IPO should be your first point of call if anything should change in relation to the status of your trade mark. Also any application you make should be submitted to and will be dealt with by the UK IPO.

Q: What is a class of goods or services?

A: Every trade mark is attached to a class of goods or services. This class indicates the industry or the products that the mark is used in relation to. It is essential that you get your mark attached to the rights classes otherwise you may be restricted when it comes to preventing another party from using your mark. For guidance and advice as to what classes will be best for you, contact The Trademarkroom.

Q: What is a trade mark license?

A: A trade mark license allows you to create an agreement with a third party allowing them to use all or part of your mark that you are not using to its full potential. You still remain the trade mark owner but the control is handed over to the other party. This is a good way of making the most of a mark that you may not be using but still want ownership of. It does not have to be for the whole mark but you could create a license for the mark in relation to a number of goods or services for which it is registered. The agreement can be on your terms but if anything is agreed the UK Intellectual Property Office needs to be notified.

By Ellis Sweetenham