Introducing Trademarks
The Process explained

Protecting your name and logo
Trademarks essentially provide the link between goods and/or services and the originator source of these goods and/or services. Legal protection for trademarks is obtained via a process of registration, hence Registered Trademarks.

What is a Trademark?
A trademark registration includes a representation of the mark itself, usually in the form of word or a graphical representation. In recent years, definitions of what constitutes a mark have widened but, generally, the most useful type of mark is a word and the highest proportion of registrations are of this type.

The mark links the owner to the product therefore the other components of the registration are an identification of the owner, a person or a legal entity and a definition of the type of goods and/or services to which the registration relates; referred to as a specification of goods.

Registers throughout the World are also broken down into a number of classes where each class relates to a particular type of goods and services. In many instances the specification falls within a single class but on some occasions it may be necessary to extend the registration to more than one class and this usually involves the payment of an additional fee.

Use of a trademark over time generally improves its inherent validity therefore it is possible to build a portfolio over a number of years extending registrations to many countries. In addition, there is a six-month convention term during which a first priority application is filed, in the United Kingdom say, after which applications may be filed elsewhere claiming the benefit of the original filing date.

Protection in the United Kingdom is obtained in accordance with the Registered Trademarks Act 1994. After filing an application under these procedures, examination generally takes place relatively quickly and there is then no further registration fee to pay. In order to maintain the registration, renewal fees are required every ten years.

An alternative route to obtaining trademark protection in the United Kingdom is via the European trademark system. This is administered by the Office for Harmonization in the Internal Market resulting in the issuance of a registration that is enforceable throughout the European Union. Thus, under this system, there is no requirement to perform validation steps in individual states and it is not necessary to file further translations.

Provisions also exist for international protection via the Madrid Protocol. The options become complex and it is better to identify the states of interest whereafter proposals may be made as for the most cost effective route for achieving registration.

Registered trademarks may remain in force for as long as maintenance fees are paid but care should be taken to not allow any misuse of the registration to take place. Furthermore, a proprietor is under increasing pressure to monitor potential infringements and prevent the registration and use of what may be conflicting marks. Thus, under recent provisions, the Trade Marks Registry itself is doing less in terms of citing conflicting marks and the onus is placed increasingly upon the applicant/proprietor.