Trade Mark Registration

[Jean Claude]

What rights does a registered TM give the owner ?

 

[addey]

Its a good question, what if a granted TM breaches someone else's copyright ?

 

[adamzany]

In most countries a trademark registration is the quickest and cheapest way to ensure that you have the sole right to use the trade mark. In the UK any trader using his trade mark acquires common law rights simply by using the mark. However, these rights are more difficult and expensive to enforce than the rights arising from a trade mark registration. In addition, it takes time to acquire common law rights because your trade mark must have a reputation. If you have only used your trade mark for a short period, and have not filed an application for registration, it may not be possible to stop others from registering your trade mark and interfering with your right to use it.

It is important to note that registering your name as a domain name or company name will not stop a competitor using your name as a trade mark, or trying to register your name as their own trade mark. In fact, if someone else registers your name as a trade mark before you do, they may be able to stop you using your domain name and make you transfer it to them.

A UK trade mark registration gives the proprietor the exclusive right to use the registered trade mark on those goods or services for which it is registered. A registration also gives the owner the right to stop others from using confusingly similar trade marks for their goods or services or for similar goods and services. In some circumstances, the owner of a registered mark can stop others from using a trade mark for goods or services that are not similar to those for which it is registered.

The advantages of registration include:
- You have stronger rights to use and protect a registered trade mark.
- An action for infringement of a registered trade mark is easier, quicker, and cheaper than an action for passing off.
- Having a trade mark on the register warns others of your claim to that mark and thereby acts as a deterrent.
- Licensing of a registered trade mark is safer.
- A UK trademark registration can be used as the basis of an International Trademark Registration covering many overseas countries via the Madrid Protocol.
- allows Trading Standards Officers or the police to bring criminal charges against counterfeiters if they use your trade mark in the UK.

www.trademarkregistration.org.uk

 

[NordEco]

How much does it cost to TradeMark a made up name for the mainland UK and Ireland... Plus the whole EU?

 

[jules12345]

Trademark attorney perhaps ?

Regards
Jules

 

[ethical PR]

How much does it cost to TradeMark a made up name for the mainland UK and Ireland... Plus the whole EU?

http://www.ipo.gov.uk/types/tm/t-formsfees.htm

 

[NordEco]

http://www.ipo.gov.uk/types/tm/t-formsfees.htm

Excellent, thats the kind of price I was hoping for, bet there are hidden costs somewhere.

 

[Trademarkroom]

Hi, if you wish to register your mark in the UK and Ireland you are best off applying for an EU trademark through OHIM.

Their basic fee is 900 Euro for up to 3 classes and 150 Euro for each class above three.

If you use an attorney or solicitor to do it for you they will also charge you a fee. We offer fixed low fee costs. Please 'pm' me if you would like me to send you a quote.