Why should I register my brand name as a trademark?

If you have a registered trademark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a trademark that is not registered is an offence.

A registered trade mark:

• may put people off using your trade mark without your permission
• makes it much easier for you to take legal action against anyone who uses your trade mark without your permission
• allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark
• is your property, which means you can sell it, franchise it or let other people have a licence that allows them to use it.

Unregistered rights

If you don’t register your trademark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off.

Passing off is often much more difficult, costly and time consuming to prove.

You have to show:

• the mark is yours
• you have built up a reputation in the mark
• you have been harmed in some way by the other person’s use of the mark.

If you register your trademark, it is easier to take legal action against infringement of your trademark, rather than having to rely on passing off.

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