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When seeking to protect your brand, it is important that take some time to plan your next steps, to avoid falling into common pitfalls, which may lead to a trademark opposition being filed against your trademark application. In this post we will discuss the Do’s and Don’ts of trademark opposition.
We have outlined below some top Dos and Don’ts to help you get started on your brand protection journey.
DO NOT copy another brand
While it may be tempting to give yourself a foot up on the ladder by using the attraction and recognition of another brand, this is not the route to pursue. Not only is it very unlikely you will gain registration of this mark, you will be subject to any action of infringement from the owner of the mark you are copying. Believe us when we say, it is not worth it.
DO gain the advice and guidance of an expert.
It may seem a way to save money by going alone, a price cannot be put on the relief you feel knowing that someone with years of experience is keeping a close eye on your trade mark application and taking you through it step by step aiding with any issues or clarifying any points of confusion.
Trade marks and Intellectual Property in general is a complex area and can be very technical, therefore it is best left in the hands of the experts.
DO NOT develop your mark too closely linked to your industry
While of course you want customers to identify you with a certain type of product or business, it is not a good idea to have your mark a generic term. Again, linking to the need for distinctiveness, not only are you opening yourself to a chance of a refusal of registration, consumers will not be able to identify you as a stand out business. Some of the most successful brands have marks that are completely unrelated from their products, just look at Kodak and Apple.
DO NOT use offensive language or protected emblems as part of your mark
While this may seem something that goes without saying, there have been many attempts to register various words, phrases and images that are deemed inappropriate or unacceptable. Not only again with it be refused registration, it does not give the best impression to any potential customers. In regards to protected emblems, any use of any sign or mark that portrays a link to the Crown or the Royal Family as well as any use of a flag or symbol that represents a nation or protected body cannot be registered as a trade mark by an unconnected party.
DO conduct as much research as you can
It is important that you are clear on your goals for your brand as well as the opportunities and options you have available to you. There are a number of avenues you can pursue that your Trade Mark expert will take you through but this will be a more successful process if you have an idea of where you want to take your business and what you want to achieve. In addition, after creating a mark, it is essential you conduct a trade mark search to ensure it is not already being used by another party.
Get in touch for help with trademark opposition
Please do not hesitate to get in touch with the team if you have any questions regarding trademark oppositions. Please contact us here: Lawdit Contact.
Written By Ellis Sweetenham- Solicitor
Ellis is a contentious and non-contentious intellectual property (IP) solicitor at Lawdit Solicitors. Ellis also is an intellectual property law consultant at Lawdit’s sister company Trademarkroom. Ellis has represented clients in a variety of matters, including those relating to infringement, licensing, oppositions, assignment, portfolio management, pre-filing due diligence and registration. In addition to IP matters, Ellis can assist in other commercial matters, including civil litigation.
References for our article on trademark opposition
Here are the references we used for this article about trademark opposition. Please browse them below, there are all from high authority sites and sources.
- Trademark (Wikipedia.ORG)
- Intellectual Property (GOV.UK)
- Kodak (Wikipedia.ORG)
- Apple (Wikipedia.ORG)
- The Crown (CommonsLibary.Parliment.UK)
- The Royal Family (Wikipedia.ORG)
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