How does a trade mark protect you?
Want to understand how a trade mark protects your business?
You’re in the right place.
Remember, a trade mark is a valuable asset that identifies the products and services of a business (or
person), differentiating them from competitors.
It is, in essence, your brand’s fingerprint.
For that reason, trade marks must be distinctive and non-descriptive, and can take the form of words,
logos (even a combination of both), sounds and shapes, as examples.
Why do you need a registered trade mark?
A trade mark that identifies a successful business or product can be worth huge amounts of money to
its owners.
It helps to identify the products, indicates their origin, and is an indication of their quality – helping to
maintain a strong position in the market-place.
How does a trade mark protect intellectual property?
The Trade Marks Act 1994 protects intellectual property in the UK by giving the owner of a registered
trade mark the exclusive right to:
- use the trade mark to promote its goods or services, and so increase customer loyalty
- take action to prevent unauthorised use of the brand and avoid damage to the business
- attach the ® symbol to the trade mark to demonstrate that it is protected
- consider whether franchises or licences are an appropriate business model for provided the
brand
It’s important to be aware that only trade marks registered with the Intellectual Property Office are
safeguarded by this legislation.
Unsure where to start? Trademark Eagle can help you with trade mark registration.
While Common Law provides some protection for unregistered trade marks, it’s generally more
complex and expensive to pursue a claim in this way. Often, use over a period of approximately six
years is required to pursue a claim of reputation and goodwill attaching to a brand.
What are the benefits of protecting a trade mark?
Financial
Successful trade marks often benefit from significant investment in their creation, marketing, and the
quality of products sold that are attached to them.
A rival that uses your trade mark without permission is acting as a freeloader while benefitting from
that investment – and potentially attracting customers who might otherwise have been yours.
If others can use your intellectual property for free, it also diminishes your prospects of generating
additional income through the licensing or sale of a trade mark, or the business associated with it.
Reputational
Copycat brands usually offer inferior products for sale that tarnish the original brand, wrongly
associating it with poor quality in the minds of customers.
To prevent this type of damage, it’s imperative to police and enforce your trade mark rights.
Deterrence against infringement
Before using a new trade mark, reputable companies will usually carry out a search to check that
nothing similar has already been registered by another organisation.
Registering a trade mark allows its owner to use the ® symbol, putting others on notice that the mark
is properly registered.
This sends out a strong signal that you take your rights seriously and will act against transgressors.
Operational security
Any protracted dispute over a trade mark could be a distraction from your core activities and make
long-term planning problematic.
Trade mark disputes can be costly, and the strong protection (and greater certainty) offered by owning
a registered mark can help to short circuit problems – often facilitating a swifter resolution.
Expert support from Trademark Eagle
Our in-house specialists have considerable expertise in all areas of trade mark protection and
disputes, and can provide the guidance you need.
Our expert team offers:
- Comprehensive trade mark registration services to secure your legal rights
- Monitoring and enforcement support to guard against unauthorised use
- Guidance on licensing and trade mark sales, helping you maximise the value of your IP
For more information on how Trademark Eagle can help, get in touch today:
Call: 01223 208 624
Email: enquiries@trademark-eagle.com
Or complete our online contact form
