A trade mark is an indicator of the origin of the goods and services to which it attaches. Section 1(1) of the Trade Mark Act 1994 defines a trade mark as “any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings.”
Trade mark protection is designed to protect the trade mark’s function as an indicator of the origin of the goods and services to which it attaches so that a consumer can reliably tell that goods or services with a registered trade mark attached to them originate from a single proprietor and not from any other.
The registration of trade marks in the UK is overseen by the Intellectual Property Office. Registering your trade mark with the IPO gives you the exclusive right to use it in conjunction with the goods or services that it covers in the United Kingdom. Further cover can be obtained by registering the trade mark at OHIM or WIPO.
Once registered, and if used consistently, a trade mark registration can be renewed and last indefinitely.
What We Do
We work with clients to exploit their trade marks (and brands generally) to maximise their value. We provide advice on clearance, licensing, branding strategies, transactional issues and all issues surrounding the enforcement and protection of trade marks in the Courts.
For information regarding our work concerning unregistered trade marks see our Passing Off page.