Why registering a trademark should be a priority for all businesses
A brand identity that is individual and differentiated from its competition will always help a client lawfully protect this valuable and essential asset. Almost anything that serves to determine products or services from those of competition can serve as a trademark. Names, symbols, logotypes, taglines, slogans, packaging and product design, colour and sound are all brand identity assets that can be registered with the government (IPO in the UK) and protected from future litigation.
Registration is in place to ensure that the consumer is not confused or mistaken by trademarks that are too similar. Trademarks are always registered within industry classes, of which there are forty five, and may be registered in more than one class. Intellectual property is the name of the legal discipline that specialises in providing the broadest scope of protection for brand identity resources. Intellectual property resources also include copyrights and patents.
There are different points in the brand identity process when research is conducted to determine whether there are any conflicting marks, names or taglines.
The more differentiated an identity is from those of its competitors, the easier it is to protect from a legal perspective.
Registering a mark gives clients extra rights and the broadest scope of protection. Although trademark rights may be established by actual use, registration ultimately secures more benefits in trademark infringement.
Protection for marks in other countries must be sought country by country since legal protection differs from country to country.
® denotes a registered trademark, and may only be used when marks have been federally registered.
™ is used to alert the public and does not require filling federal applications. It means trademark, which is a claim of ownership for goods and packaging.
SM means service mark and refers to a unique service. This appears on any form of advertising and promotional literature.
For more information and advice on branding and trade marking, please feel free to get in touch.