Enterprise Nation

Trademarking is the legal process of registering exclusive rights to use a logo or ‘mark’ and enables you to use the ® symbol. It’s the unique identification of your services and/or products. Without registration you can only use the initials TM and have more limited choices to tackle copiers of your logo or mark. Sue McGaughran of Lime One explains.

What can you Trademark?

A Trademark covers a word, phrase, name, symbol, logo, images and pictures, or design or a combination of them. It also covers non-traditional/non-conventional things such as colours, smells, sounds, 3D forms or a combination of any of them. Provided it can be graphically registered and can be used as a distinguishing mark, then it can probably be trademarked.

What is the value of registering a Trademark?

Registering your Trademark means there is no doubt as to ownership, age/date of registration etc.

Without registration you still have a common law right to protect your mark but this is limited. For example, you may only be able to take action where your mark is used and confuses a buyer that they are buying your goods and/or services. Many businesses consider it an investment against future hassle, theft and larger legal bills in taking a common law action.

Trademarks also assist in counterfeiting cases which is particularly relevant if your branding grows as infringing trademarks by counterfeiting is also a criminal offence.

Is there a benefit in incurring the cost of registering a Trademark?

There are distinct benefits to registration, not only from the search process and protective as above, but since a Trademark IP is a commodity of value, it will normally have an element of goodwill and so can be sold etc.

Before proceeding with an International Trademark you do need to at least have a Trademark pending in UK and/or EU.

For more information, click here.

• Sue McGaughran, Lime One