Pick your protection: unregistered v registered trade marks

Posted by Jane on September 21, 2017 / Posted in Trade Marks
Register your trade mark or fall back on potential unregistered rights

Registered Trademark Rights

You can protect your brand name, logo or slogan by registering them as trade marks. This is the best form of protection for your brand.

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

This may seem an unnecessary expense but brand protection is very important and The Trademarkroom offer business friendly fees.

Please visit our fees tab for details of The Trademarkroom’s fixed fees.

Unregistered rights

If you have been trading for a long period and have built a reputation, you may rely on your unregistered rights to prevent a third party copying your brand.

You may be able to do this through ‘passing off’. However, as passing off is evidenced based, it can be a time consuming and expensive process with no guarantee of success. For a successful passing off action you 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 will not protect any start-up businesses as they would have not built up the required reputation.

Therefore, The Trademarkroom would always recommend registering your brand to ensure you have a solid level of protection, in a bid to prevent any third party riding on the coattails of your success.

If you require more information or want us to talk you through the process, please do not hesitate to contact The Trademarkroom team on 02380000190.

By Ellis Sweetenham

Jane Coyle
This entry was posted on September 21, 2017 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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