Trade Marks & Branding

A Trade Mark is a badge of origin. It is the sign which distinguishes a business’s goods and services from those of its competitors. Words, logos shapes and even colours can be registered as Trade Marks, provided that the legal requirements are met.

It is possible to have rights in an unregistered trade mark, but these rights are much less certain.

Trade mark owners have important rights to prevent others from using the Trade Mark or any similar mark for similar products and services, essentially protecting the goodwill that has built up around that Trade Mark.

In today’s commercial world of marketing, product promotion and celebrities, a Trade Mark is a valuable asset in its own right, which can potentially earn significant income for the owner through licenses or transfer.

Domain names differ from trade marks – a domain name is an “address” or gateway through which a business trades on the internet, rather than a badge of origin. Domain names and trade marks are also registerable through different organisations. Steps can be taken by a trade mark owner to prevent an infringement of trade marks through the registration of a domain name that is very similar to that trade mark. However, it must be borne in mind that since different registrations can exist in different classes for the same words, then the similar domain name may be legitimate.

We have significant expertise in advising on Trade Marks. If you are considering registering a Trade Mark or alternatively believe that your Trade Mark is being used by another third party without your consent then please contact a member of our team who will be happy to advise you.

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