Skip to content 
In this article we’ll dive deeper into our Intellectual Property solicitors series including effective strategies for developing a strong brand identity through trademark tactics and protection.
The path to protecting your trade mark can be a complex one, with many common pitfalls. As brand protection experts, the team at Lawdit have seen hundreds of applications go through the hands of intellectual property offices around the world and can guide you through the process.
What is a trade mark?
A trade mark is a registered trade mark right which provides protection for a brand name, product name, logo or slogan. By successfully registering your trade mark, you have the right to prevent anyone else from using an identical or highly similar name in relation to identical or similar goods and services.
Why should I register my brand as a trade mark?
This is a very common question when it comes to protecting IP as there is some cost to registering a trade mark. The key reason as to why you should protect your brand with a trade mark is to prevent damage to your business and its reputation.
A registered trade mark puts your brand in a bubble of protection and is a sword to use to take action against another person with a similar brand. Having the registered trade mark in place streamlines the legal process and prevents the need to provide evidence of ownership and use.
What makes a good trade mark?
When considering the brand you wish to use, it is important that you consider the criteria for a registered trade mark, as not every brand can be protected as a trade mark.
The key to a successful trade mark application is distinctive character. A registered trade mark must be distinctive, cannot be commonplace and cannot be descriptive of your goods and services. It is also important that your brand is sufficiently different from those already registered.
In addition to the need for the brand to be distinctive, there is a number of other criteria to bear in mind. These include:
- The mark cannot be offensive
- The mark cannot include any protected emblems or flags
- The mark cannot be a description of the kind, quality, type, or geographical location of the goods and services.
Intellectual Property Solicitors – Trademarks Conclusion
The application process to register a trade mark can be a minefield and can be costly if you get it wrong. Once a trade mark application is filed, it cannot be amended and the filing fees are non-refundable, therefore you want to make sure you are getting it right the first time.
This is where the team at Lawdit come in. The team are expert Intellectual Property Solicitors in the process and can take the matter off your hands, keeping you updated every step of the way.
To start your trade mark protection journey, please get in touch with our trade mark team today.
