Trade Marks represent the reputation of your business, the quality of your products or services and your expertise and knowledge. Your brand is a valuable asset, and it is essential that your trade marks are properly managed, protected and exploited.
Our main objective is to provide you with the protection you need at a price you can afford.
A trade mark is the way in which you identify and distinguish yourself and your goods or services from your competitors. It informs customers that the goods or services they are about to buy orginate from you and acts as a promise that they will be of a particular quality.
If a company uses a mark repeatedly, and perhaps in many markets, it becomes well known. The company’s reputation attaches to it more strongly, and it becomes more valuable to the business. It follows that a business with a good reputation should invest in trade mark registrations.
What can be registered?
A trade mark can take many forms: a word or words; logos or devices such as the Nike ‘tick’; shapes, colours, and even smells. Any of these, or any combination of them, can be registered as a trade mark.
Registering a trade mark gives a business a monopoly right to the mark in a particular territory in relation to the relevant goods or services. That means that it can prevent unauthorised use of the same or a similar mark by others: and where infringement arises, action can be taken swiftly.
On the other hand, if a company has not registered their mark then somebody else can begin trading using the same brand or a very similar one. That can create three big problems for the original company. First, the new company might benefit from the good reputation that the original owner has built up. Secondly, the new company’s product may be vastly inferior, in which case the original brand will be tarnished and sales will suffer. Third, and potentially worst of all, if the new company obtains registered rights in the mark, they could actually prevent the original creators from using it.
So companies that fail to register their trade marks risk losing all the reputation they have built up from hard work and investment in marketing and sales.
It is widely believed that registering a company name provides businesses with protection for their brand, but this is a misconception. The essential thing is to register the trade mark. Fortunately, this is a relatively easy and straightforward task in many cases, and we are here to guide you through the process. From advising on the threat of on-line infringement to the terms of complex trade mark licences, we have a deep understanding of the challenges currently facing brand owners, and are here to help.
Our registered trademark services and Brand Protection Strategies
We offer a full UK, European Community and International registered trademark service including searching, filing, processing, renewals and enforcement.
When registering IP rights outside of the UK, we can advise on a number of routes to registration namely the Community Trade Mark system and the International Trade Mark system using the Madrid Protocol. We also work with attorneys in the local jurisdiction and deliver practical strategic advice and recommendations to our clients by looking at the attorney’s advice in the context of your business and our knowledge of your brand. We use our knowledge of local agencies to secure not only the best local advice, but also secure preferential rates which are passed onto our clients.
We can help you in countries such as China where preparation and the right approach is critical. Most UK law firms lack specialised China IP protection expertise or charge fees beyond the means of many companies, while China-based law offices are hard to deal with due to time and cultural differences, and tend to be China-myopic. We are able to help you address your needs from the UK while having strong capabilities in place to then execute on-the-ground in China as well as other jurisdictions around the world.