Trade Marks

Scope:
A trade mark registration gives the owner of that trade mark exclusive rights to use the mark on those goods and/or services for which it is registered. Registrations are limited geographically – i.e. a UK trade mark registration provides protection only in the UK, a Community Trade Mark (CTM) provides protection across the 25 members states of the European Union.

Duration:
Trade mark registrations are potentially perpetual, provided the registrations are renewed at regular intervals (in the UK and EU this is every 10 years) and that the trade mark is used properly. If the trade mark is used in a different manner to the registration, or if it is not used at all then the registration may not be relied upon to enforce the owners rights.

Registration Requirements:
A trade mark registration protects any sign or symbol (or in theory anything that can be graphically represented, including 3D shapes, colours, words, logos and sounds) that enables your customers to differentiate between the goods and/or services offered by you and the goods and/or services offered by your competitors. There are additional restrictions to registration, for example a trade mark may not be registered if it is too descriptive or if it is non-distinctive. Because a trade mark registration provides the owner with exclusive rights the registrability of the mark is considered in the light of whether or not it is fair to prevent other traders from using the trade mark on their goods and/or services. For example FANTASTIC may not be registered as it would not be fair to prevent other traders from using the word FANTASTIC to describe their products.

Unregistered Rights:
Unregistered trade mark rights can be created through considerable use of a trade mark. In the UK owners of unregistered trade marks can enforce their rights through the common law of Passing Off. This can be an extremely costly and uncertain process when compared with enforcing a trade mark registration.

Use of the ^TM and ® symbols:
Owners of unregistered trade marks who wish to claim rights to their trade mark often use the ^TM symbol after the trade mark. The ® symbol can only be used with a registered trade mark.

Maze attorneys have extensive UK and European trade mark experience in all sectors, including pharmaceutical, telecommunications, tobacco, food and drink, games, retailing, medical supplies, clothing and packaging. If you would like to know more please drop us an email at info@mazeip.co.uk. or use our contact form.