Choosing the right trade mark for you?
1. CHOOSING THE RIGHT REGISTERED TRADE MARK FOR YOU
There are, generally speaking, no right or wrong trade marks. There are some that will not be allowed without the consent of the owner (the Olympic symbol, certain royal ciphers etc.).
What you need to obtain from registration is protection for your brand so that your brand can stand out from the rest of the brands in your sector.
However, there are advantages to the choice of one name over another. Generally, the more descriptive a name or mark is of the goods and/or services to which it is to be applied the less marketing and education of the consumer needs to be done but the more difficult it may be to register the trade mark. However, the cost of choosing a less descriptive trade mark is that marketing effort will need to be expended on educating the customer that this trade mark, in particular, identifies goods as coming from one particular enterprise.
Once the potential names have been chosen, a search of the UK trade mark register will identify identical marks that are already registered or pending. This type of search is sometimes called a "knock-out" search. It helps "knock-out" marks for which there are immediate and obvious obstacles to your use or registration so you can decide whether to go on to the next level of search for that mark or choose a new one.
Once a mark has passed the "knock out" screening search, we usually recommend the second level search - a comprehensive search.
2. A COMPREHENSIVE SEARCH
The next stage is to organise a comprehensive search which identifies identical and confusingly similar marks that are registered. Such a search should identify potential obstacles to registering the trade mark.
3. THE ADVANTAGES OF REGISTRATION
After selecting your trademark for use, it is important to protect the mark by registering it. There are several practical business advantages of registration and also several important legal advantages. One of the business advantages is that trademark registrations can be used as negotiating tools in business deals. They greatly facilitate licensing, franchising and transfer of ownership. Although unregistered trademarks can be licensed, transferred or otherwise pledged, as a practical matter, unregistered marks are often "deal killers" when negotiating with third parties. Without the "piece of paper" proving the existence and ownership of the mark, a lawyer (acting on behalf of the other party) would be hard pressed to recommend to his client that the transaction go forward.
Another important business advantage of trademark registration is that it can actually increase the value of a business for potential investors, lenders, public offerings, etc. This is because registration renders a company's trade marks as "quantifiable" assets of the business. A registration enables the owner to show, as part of the value of his business, the goodwill resulting from advertising and promotional expenditures. Accountants have formulae they use to quantify the goodwill of a trademark resulting from its use and promotion. Thus, expenses associated with advertising and promoting a mark translate not only into increased sales, but also into increased worth of the company - all for the minimal investment in the cost of filing a trademark application and obtaining a registration.
Furthermore, a registered trademark can serve as security for financial transactions. They are recognised by banks as security interests and may be mortgaged or secured.
The legal benefits of registration are substantial. Registration provides prima facie evidence of ownership and the exclusive right to use the mark throughout the United Kingdom . The registration allows the company to pursue infringers in the High Court. This puts the registrant in the strongest position by placing a heavy burden on the other party to overcome this presumption. This presumption is not offered to owners of unregistered marks.
A registration also expands the geographic scope of protection of trademark right. Without a UK registration, trademark rights extend only to the geographical area in which a company has established a market presence by making sufficient sales under the mark. A UK registration provides a presumption of exclusive rights throughout the entire United Kingdom . The same principle applies to European or US trade marks.
Trade Marks, trademarks, brand, brands, search, registration, registered trademarks, lawyer, UK registration, Brand Protect LLP