The As to your Qs about trade marks.

Q- What is a trade mark?

A – A trade mark is a word, logo or phrase that should represent your business.

Q- Why should I register my trade mark?

A- By registering your mark, you have the power to prevent any other person from using your trade mark. This will therefore prevent anyone from pretending they are you and harming your reputation or poaching your customers.

Q- Can anything be a trade mark?

A- No, there is a number of criteria that a trade mark must comply with in order it to be registered. The key points are that any trade mark must be distinctive and it cannot describe the goods and services you offer under the brand. Also, anything that is offensive or contains protected words or symbols cannot be registered as a trade mark. It is also important that you are aware of earlier registered trade marks as if you file an application for the same or similar marks, the owners of the earlier mark may block your application.

Q- What is a trade mark search?

A- A trade mark search is done before you submit an application to ensure your proposed mark is not already being used by someone else. This is vital to ensure that your time and money will not be wasted if your application was refused due to an existing mark. It will also highlight if there is any issues with your proposed mark which will prevent it being accepted.

Q- What makes a successful trade mark?

A- The key to a successful trade mark is distinctiveness. If a mark is directly linked to the products or services it represents, not only does it have a low chance of registration, but it also will not stand out from the crowd. Be original to create a strong brand.

If you have any questions or need any further information about trade marks, please contact the Lawdit IP team today.

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