Are brand names trademarked?

A brand name is a name used by the manufacturer of a product, or supplier of a service, to differentiate that product or service from those provided by its rivals.

While brand names are considered to be invisible assets, they can be worth more than a company’s visible assets such as buildings, machinery and vehicles.

This is because a successful brand can help its owner build up customer loyalty and so establish a strong market position often based on the quality and origin of the products.

Can you trademark a brand name?

Due to the potential value of brand names and the considerable resources that often go into creating a strong brand, UK law provides a high level of protection for protecting a brand name as a trade mark such intellectual property.

This protection is governed by comes in the form of the Trade Marks Act 1994 – but it’s important to be aware that the protection is not automatic.

The owner of a brand name must apply to the Intellectual Property Office to have it registered as a trade mark and pay the appropriate fee.

In addition, the trade mark must also be renewed periodically in order to remain valid.

Once registration has been completed the owner has the right to use the ® symbol next to the brand name and take legal action against any organisation that uses the name without permission.

What kind of brand names are protected by trade mark law?

Many trade marks across a wide range of sectors are protected by trade mark law in the UK.

Examples include large organisations such as:

∙ Tesco

∙ Land Rover

∙ William Hill

∙ Premier League

∙ JD Sports

However, individuals and smaller businesses also protect their own brand names and the size of a business is no barrier to applying for a trade mark.

How can Trademark Eagle help me to protect my brand name?

To enjoy the protection of UK trade mark law, it’s essential that organisations register the brand name and then renew the registration when required.

It’s also important that companies keep records of the ways in which they have made use of their brand name to enable them to show they have used their trade mark should it be necessary to defend any action taken to cancel it by a third party on the basis of non-use. This is also important because when a trade mark has been registered for 5 years and you want to rely on it to take action against someone adopting a brand too similar, you have to be able to show you have used your trade mark in the style it is registered and for the products it is protected.  help deter any attempts by competitors to take over the name by having the trade mark deemed to be dead.

This can all prove to be an onerous task – particularly for large companies who own multiple brand names.

For this reason, many businesses choose to work with Trademark Eagle to take advantage of our wealth of experience in managing brand names and protecting the interests of their owners.

We will offer bespoke guidance and support to ensure you have the arrangements in place to safeguard your interests and, should any other organisation impinge upon your rights, will help you to deliver a robust response to resolve the issue in the most cost-effective way possible.

Our in-house team of legal experts are renowned for their excellent customer service and work at all times with the highest levels of integrity and professionalism. Consultations are available via email and online.

Please get in touch to find out more about how we can help you to protect your brand name.

Call: 01223 208 624


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