Trademark Resources

The following resources all relate to trademark issues and are a collection of website's which may be of interest to users of our site. As trademark is a very broad category this part of the site is where you will find information on a wide variety of topics.

DEFINITION OF TRADEMARK:

A trademark (Commonwealth English: trade mark) is a distinctive sign of some kind which is used by a business to identify itself and its products or services to consumers, and to set the business and its products or services apart from those of other businesses. A trademark is a type of intellectual property, and in particular, a type of industrial property.

A trade mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes, for example, words, logos, pictures, or a combination of these.  Basically, a trade mark is a badge of origin, used so that customers can recognise the product of a particular trader.

To be registrable your trade mark must be:

- distinctive for the goods or services which you are applying to register it for,

and

- not deceptive, or contrary to law or morality,

and

- not similar or identical to any earlier marks for the same or similar goods or services.

A Trade mark is a word, phrase, slogan, design or symbol used to identify goods and distinguish them from competitive products. Trademarks may be registered with the UK Patent Office, and similar offices worldwide. However, in countries with legal systems based on English common law, trademark rights also accrue through common law usage.

As it relates to domain names... a word, phrase or slogan used to identify and distinguish the source of the goods or services. Trademark law may be different worldwide. If someone registers a domain name such as microsoft.to then Microsoft would need to go to the courts to fight to get the name back. Expensive international litigation is one reason why it is important to protect your trademarks before someone else registers the names.

Does registering my company name with Companies House also mean that my trade mark is protected?
No. Company law is different from trade mark law. You cannot stop someone using a trade mark which is the same as or similar to yours merely by registering your company name with Companies House.

Is your company name registered with Companies House?

Remember that registering a company name at Companies House does not mean we will automatically accept that name as a trade mark.

Do you need a domain name for your website? Remember that registering an Internet domain name does not mean that name is automatically accepted as a trade mark.

How long does my trade mark registration last?
Your registration lasts ten years from the date of registration. The Patent Office will write to you a few months before the renewal date, asking if you wish to renew your trade mark for a further ten years.

If I get a registration, can I sell it?
Yes. A trade mark is legally described as "intellectual property". It is similar to other property you may own and so you can sell it if you want. However, if you wish to do this, we recommend that you get legal advice from a qualified trade mark attorney or patent agent who can advise you on the correct procedure.

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