Trade Marks Explained
What is a trade mark?
A trade mark is the modern day shield to protect you from unfair competition, and your consumers/clients from confusion between you and another company. Having a trade mark allows you to be the sole user of your image, and gives you the power to stop others from using an identical/similar image to your own.
Why is this important and potentially dangerous to ignore?
A trade mark in this instance is a two way street, and several problems are likely to occur without protecting yourself.
1. If a company decides to use the same or similar name/logo design to you, this may confuse your customers into purchasing goods or services from them instead of you!
2. This may also lead to other companies ‘piggy backing’ off of your reputation, leading to the assumption that you are both the same company.
3. If a competing company successfully trade marks their name and/or logo that is identical or similar to yours, they may take action in issuing proceedings to refrain you from using your name/logo.
4. You will be forced to rebrand your business, which will not only be time consuming and costly but will lead to the loss of reputation you have worked hard to build.
By registering your brand, you will receive the following benefits:
1. If you find that your business has a identical or similar name to another business, registering yourself for a trade mark may allow you to refrain the other business from trading with that name/logo.
2. If you are accused of using a identical or similar name/logo to someone else, your registered trade mark will allow you to assert your secured rights, and show your prior use of the mark.
These branding problems that business’ are currently facing can be easily avoided but are a frequent occurrence.
A registered trade mark is the best way to protect yourselves, and with The Trademarkroom expertise, you can ensure the service you receive will be not only cost effective but of the highest standard.
By George Bower Undergraduate LLB Law student at Southampton Solent University