What is a trade mark?

A trade mark is defined as a sign which distinguishes the goods or services of one company from another. This sign might consist of a logo, or other combination of words and /or pictures. Its purpose is to allow customers to clearly recognise the product they are buying.

To be registrable under UK law, a trade mark must be distinctive from other marks for goods or services within the category of registration and not in any way deceptive or misleading.

The benefits of trade mark protection

Businesses spend a great deal of money packaging and advertising their goods and services. 'Copycat' brands and companies could cause the rightful owner of a trade mark to lose business and goodwill.

Although unregistered trade marks do have some protection under common law, the responsibility to prove any misuse lies entirely with the owner of the trade mark.

However, a properly registered trade mark is fully protected under trade marks law. The rightful owner only has to show that someone else has used a similar mark within the same category of registration.

Click here for more information from the UK Patents Office, or contact Novagraaf, a leading UK trade mark attorney:
www.novagraaf.co.uk, email: info.norwich@novagraaf.co.uk