A registered trade mark safeguards your brand, giving you the rights to take legal action if someone uses your brand without permission and allow you to sell or license your brand to third parties if necessary.
What protection does a trademark give you?
A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.
What can be trademarked UK?
The trademark can just be the name of the company or product but does not need to be and can be:
- Words – eg company name or product name.
- Designs – eg shapes, symbols, patterns, logos and signs.
- Sounds – eg jingles.
- Shapes of goods or packaging – eg three dimensional (3d) shapes.
What Cannot be protected by a trademark?
According to the Paris Convention, a product cannot be trademarked if it: Lacks any distinctive properties or characteristics. Consists of signs or designations that define how the product is made. Has become customary language in the country of origin.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
What Cannot be trademarked UK?
Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.
How do I avoid trademark infringement UK?
There are defences to trademark infringement such as:
- Using another registered trademark;
- Use of own name or address;
- Use to indicate characteristics of goods or service;
- Use to indicate intended purpose of goods or services;
- Honest concurrent use; and.
How do I protect my brand name?
Protect Your Brand Name in 5 Steps
- Register your domain name. Domain names are an important part of any business brand today. …
- Trademark your business name and logo. …
- Use your brand. …
- Monitor your brand. …
- Deal with infringement immediately.
Which word Cannot be trademarked?
A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics.
What names can not be trademarked?
The following qualify as grounds for refusing a trademark, which means a business cannot utilize the following as a trademark symbol, logo, or name.
What is a Trademark?
- Without a Distinctive Nature. …
- Name / Surname. …
- Colour. …
- Number. …
- Sound. …
- Geographical Location. …
Can I trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.