How to protect your Trade Mark

Thursday, August 11, 2011

A trademark is a word, phrase, symbol, or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. Basically, a distinctive mark, which allows people to recognise your goods immediately and not to be confused with those that belong to your competitors..

Protecting your Trade Mark (TM) allows you to have a number of advantages over your competitors and copycats.  TM protection may put people off using your Tade Mark without your permission. It also allows you to take legal action against anyone who uses your trade mark without your permission. Furthermore, a TM is like property, you can sell it, franchise it, licence it or transfer it. It’s an asset which requires protection to provide its full value to you.

Many people do not recognise the importance of Trade Mark protection. Think of it as any other part of property which you own as part of your business. For example would you choose not to insure your premises from the risk of fire? No, as you know the risk is too large for your business to lose.

Replicating the stamps and seals

Replicating stamps and seals is a blatant attempt of where someone aims to violate the protected mark which a company has protected under intellectual property law. A  registered mark  directly replicated is forbidden and can lead to fines and even criminal proceedings against the offending party.

Placing non products with products – Contamination

Here non product providers aimed to promote there products alongside certified products. This can cause confusion amongst consumers, believing the non products are certified because they are displayed with the certified products.

This can lead to contamination of products. This is a serious problem many well regarded companies in both the manufacturing and retail trade can face. As the companies seal is protected by a Trade Mark law we are able to advise on methods in which to counter act this practice. 

Passing off

There is another form of protection which you can rely on if you have a Trade Mark which is unregistered. This is known as passing off, which protects a distinctive mark which has the same characteristics as a TM. For someone to be able to rely on the “passing off” protection they need to have a mark which over a period of years has built up a reputation which allows the mark to be synonymous with the product.

There are problems with relying on the Passing off protection. Firstly the Litigation process can be very costly, as unlike a registered Trade Marks you need to prove in any passing off claim that your mark is distinctive with your product. Nevertheless, the protection exists and allows one to protect there products in an alternative way.

How can we help you?

We are specialist Lawyers who have an established reputation in Leicester and the Midlands. led by Senior Partner Rafique Patel, the firm has a team of highly qualified and highly motivated individuals who specialise in litigation matters (should you believe your IP rights have been infringed) or general Intellectual Property Rights should you want advice on how to protect your product further.