Every business knows the strength there is in a brand name. In addition to brand names, many businesses decide to use a logo on their goods and services. These act as a visual shortcut enabling customers to recognise a particular product or service in an instant and to differentiate between competing brands.

By registering your business name, brand name or logo as a trade mark at the Patent Office, you are granted a monopoly on the use of that name in connection your goods and services. The right is renewable and it is possible to sustain it in perpetuity. For example, the Bass Brewery’s red triangle logo was the first mark ever to be registered as a trade mark in England, over one hundred and twenty years ago and it has been renewed periodically ever since.

Since 1996 it has also been possible to make one application for registration of a Community Trade Mark ("CTM"). Simply by making one application, the owner of a CTM can secure a monopoly right to use the mark throughout the whole of the European Union! Because of the language difficulties inherent in doing business in other countries, CTM’s are extremely useful if you do business in continental Europe and want to protect the goodwill that exists in your goods or services or if you want to distinguish your goods and services from those of your competitors at home and abroad.

Before deciding on the mark you are going to apply to your goods and services it is wise to find out what other businesses are using similar marks to ensure that your mark is distinctive. This can be done by reading the trade press, searching Yellow Pages and looking on the internet. The Patent Office offers a very competitively priced search service and is also able to advise on whether a mark is likely to be registered.

The process of registration of a trade mark is relatively straightforward. An application form is submitted, along with graphics of your name, brand or logo. The Registrar of Trade Marks examines the mark to determine if it is registerable, for a example, is it purely descriptive? After this, the mark is published in the Trade Marks Journal and, if no objections to registration are received, the mark will be registered. Thereafter the mark needs to be renewed every 10 years, but this is usually simply a matter of paying renewal fees to the Patent Office.

If you have a registered trade mark, it is advisable to monitor other businesses to ensure no-one is using your brand name or mark! If another business does use your mark, or one which is substantially the same as yours, the fact that you have a trade mark registered is usually sufficient to enable you to prevent them from continuing to use that mark.

Emma Shipp Partner, Company / Commercial Department 020 7544 5550 emmas@sghlaw.com