Trade marks - brand protection

Brand protection is becoming increasingly important to all types of businesses as the European Union enlarges and more competing businesses enter the same market. Many companies neglect this area of intellectual property and leave themselves vulnerable to attack from similar companies operating in the same space. Businesses must face the fact that if they don't register their brand as a trade marks they could very easily lose them.

Registered trade marks, as well as being a transferable property right which add value to a balance sheet, enable their owners to prevent competitors from using the same or similar brand names or logos.

Registration of a brand as a trade mark grants the owner a statutory monopoly in the mark, which means they would have the right to sue, for infringement, when another party uses the same or a confusingly similar mark relating to the same or similar goods/services to those covered by your registration.

A trade mark readily distinguishes a product or service from that of its competitors. In other words, it has to be distinctive and non-descriptive. It should not theoretically consist of words which are commonly used/needed in the trade that is being carried out.

It is still possible to rely on the law of 'passing off' in order to implement rights in brands. However, actions for passing off are complex and costly and owners require a substantial and exclusive reputation in order to succeed.

Any individual or corporate body (eg. Company, Trusts etc) may apply to register a trade mark as long as they intend to use it.

Keywords: Trade mark, registered trade marks, intellectual property, register a trade mark, passing off, brand protection