Trademarks; Why Use the Trademarkroom

Trademarks and The Trademarkroom:

Under Section 1 of The Trade Marks Act (1994) – a trademark has been defined ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’. A trademark is a way of one party distinguishing themselves from that of another party. This includes reference to a collective mark or a certification mark unless the context states otherwise. Using a trademark provides companies or organisations with a unique identity within subjects known as classes, which prevents competitors from replicating one party’s legal identity. Trademark protection exists in many different forms including shapes, colours, sounds and logos to name but a few.

There are two types of trademarks. A registered trademark has been approved and entered on the Trademark Register. Registration is proof of ownership and gives the proprietor an exclusive right over that trademark, including the rights and remedies provided by the act. An unregistered trademark becomes intellectual property that doesn’t necessarily give the proprietor an exclusive right over it; this may prove difficult if there is belief of infringement. Under Section 2 (2) ‘no proceedings lie to prevent or recover damages for the infringement of an unregistered trademark.’ However, nothing within the act relates to the law of ‘passing off’. Therefore, in order to ensure adequate protection a registered trademark is preferable.

It is important that trademarks refrain from being descriptive or include that of common surnames, geographical names, names of already registered companies or any features that may imply royal patronage.Furthermore, the trademark must not become generic for example becomes a common noun or verb. A trademark may be used for protection in the UK, the European Union, within individual countries or even on an international scale.

The trademark must not infringe another party’s trademark. In section 2 (3) of the Act, absolute grounds for refusal of registration have been laid out. The trademark must be distinctive, dissimilar to other parties.However, prior to registering your trademark and in order to register your trademark, you may require legal services that can offer advice and provide services regarding Intellectual Property.

The Trademarkroom established in 1999 is an Intellectual Property Service that offers specialist knowledge and advice in trademarks and designs. Services are carried out by both trainee and qualified solicitors at Lawdit Solicitors based in Southampton. In the event that you wish to search or register for a trademark, specialist lawyers will assist you. Furthermore, in the circumstance that your trademark application is opposed or there is a belief of infringement, Lawdit will be fully equipped to tend to these issues with the necessary experience and knowledge to provide you with the best advice and outcomes.

The Trademark room offers a range of varied services to meet client’s requirements and needs. A comprehensive trademark search consists of a detailed search, carried out to an exceedingly high standard. This will ensure protection of your trademark, and remain exclusive of hidden costs. A fast trademark registration may also be obtained. The Trademark room acknowledges that is it is essential to act quickly upon applications due to the ‘first come, first served’ basis. As soon as all the necessary information is in possession of solicitors, filing can take place between 24 and 48 hour periods. Fast turnaround is a very important aspect of the service.  You may also request a free telephone consultation. Both trainee and qualified solicitors with a vast experience will be happy to answer any of your queries regarding how Intellectual property works, alongside procedures and regulations involved. The Trademarkroom also provides expert advice on trademark services and regulations within the US, as a result of contact with specialist professionals worldwide, including that of Waheedan Jarriwalla, an experienced US Attorney.

The Trademark room offers competitive yet fair prices for their services. Fees are fixed with no hidden costs. It is also proposed that if a genuine lower offer is found, this will be matched. It is also important to note that there is no extra charge for multiple classes or the use of a logo. An advanced trademark search and advice report within the UK and Europe will cost £100.00 plus VAT. However, this figure will increase to £125.00 plus VAT for a trademark search within the US.

The Trademarkroom is a family owned business led by Jane Coyle and her trusted team of solicitors who have been filing trademarks internationally for over 15 years. With an exceedingly high response rate and reputation, alongside competitive prices and expert solicitors to hand, the company prides itself on offering a premium quality service to its clients. 

Nikita Butler

A Level Student Brockenhurst College