Protection and exploitation of trade marks

In an over-crowded market place the use of trademarks and distinguishing brands is increasingly important in order to differentiate products from competitors.

The registration of a trade mark brings exclusive rights to use that trade mark to distinguish goods and services from similar offerings.  To establish a reputation in a trade mark can have a significant commercial advantage to any organisation that sells goods or services to the public or to other businesses.  This is particularly true today with rapidly increasing methods of online advertising and sales.  Now, more than ever, consumers seek confidence in the brands they purchase, especially in terms of perceived value and quality of products or services.

Once a trade mark has been registered, to take full advantage of registration and exclusivity it is essential to ensure that the trade mark is exploited and protected to its full extent.  As there are significant advantages in protecting brands and goodwill, it is always worth considering the benefit of registering a mark; the registration of the mark will serve as an indicator to competitors that they may not use your mark without your consent and will assist enforcement of the exclusive rights to your mark. 

If you have a registered trade mark there is legal protection to prevent other parties infringing your mark without your permission.  The registration may also assist in any potential trading standards or criminal proceedings against counterfeiters or others using your mark.  If your mark is not registered it may still be possible to enforce your rights in what is known as your unregistered trade mark, by way of a passing off action.  A passing off action is essentially an action to stop a third party passing itself off as your company or related to your company in some way.  These two methods of enforcement of your rights are essential considerations when protecting the investment and goodwill that you have established in your mark.  At Birkett Long LLP we have extensive experience in registration, exploitation and protection of trade marks and would be happy to assist in relation to the protection and if necessary the enforcement of trade marks and brands.