Unregistered trademark rights v registered trademark rights

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, 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 in the case of a street food vendor you could be protecting your name for the actual food you are selling or the catering and take away services you are 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

jane@trademarkroom.com

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