Your branding differentiates your products and services from those of your competitors, it lets your customers develop loyalty based on expectations of quality and service, and it can attract prospective clients and consumers. These are just some of the ways in which value accumulates in your brand, and just some of the features that competing businesses might try to exploit.
Very often businesses do not really appreciate the value of their brand names and logos until they are faced with imitators, but for those that have overlooked effective protection that can be too late to avoid expensive legal disputes. Passing off actions are the way to combat the use of unregistered brand devices by competitors, but the costs can be considerable, and even a successful action might not yield entirely satisfactory results.
Benefits of trade mark registration
Registering trade marks early on can prevent these expensive disputes from arising, and provide effective ways of enforcing your rights in the event that they do occur. The benefits of trade mark registration include:
- Notice to the world of your brand (the trade mark registers are publicly accessible)
- Dissuading use of your brand without permission
- Notification when other parties try to register similar brand names
- Mechanisms to prevent counterfeiting
- An asset you can license or sell
The application process
The application process varies depending on the countries in which you wish to register your trade mark, but generally involves filing a base application with either the UK Intellectual Property Office, or the Office of Harmonisation for the Internal Market (OHIM) for a European trade mark. The steps involved in a UK application which is unopposed by other trade mark holders are:
1. Search the registers
2. File your application
3. Receive the examination report
4. Advertise the application in the official journal
5. Application is granted
6. Receive your certificate
and the process can take from 4 - 8 months.
Choosing a service provider
There are numerous service providers that will offer to help you register a trademark, but it is important to remember that the field is unregulated. This means that it can be difficult to ensure that your service provider will offer the level of service necessary for effective protection.
When choosing a service provider to register your mark there are a number of different considerations to take into account. At the forefront of the minds of many people will be price, and the question "What am I getting for the price I am paying?". But bear in mind that quality is important - you must be sure that they have the necessary expertise to secure adequate protection that actually covers your business. An amazing number of registered trade marks do not actually provide the correct scope of protection.
Finally, is the service provider able to assist you with any complications arising in the course of the application process, or provide you with aftercare to help you enforce your rights post-registration?
By using registered solicitors or trade mark attorneys with wide experience of trade mark issues you can avoid the need to bring in additional consultants at great expense if there are difficulties with your application. Specialists will also be able to advise you on how to police your trade mark, and enforce your rights where necessary.
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