Why should you register a trade mark?

Lizzie Bradley takes a look at why you should consider registering logos and brand names as trade marks.

Should you register your logo as a trade mark?

A name, logo or brand style is really important when it comes to gaining recognition as a company. It’s something that is associated with your company and that uniquely identifies your company from the rest of the competition.

This name or logo may be capable of being protected as a trade mark. A trade mark is a brand name that enables consumers to identify goods or services as originating from a particular company or relating to a certain product or service.

Trade marks are valuable assets to companies and provide many benefits, such as the following:

• The exclusive right to use your mark;
• Increase the value of goodwill in your brand, given your mark is protected;
• Potentially increase the value of your company in any sale of the company;
• Provide you a faster, more cost effective route to defend infringement of your brand rights.

Once registered, trade marks last for 10 years and can be renewed every 10 years for a small fee.

If a trade mark is not registered and another company tried to copy your logo or company name, or use it to imply their services are associated with yours, you would only have a ‘passing off’ claim. Whilst this could provide some protection against this breach, it is a very expensive and complex claim that does not always have good rates of success.

If the trade mark was registered, however, you may have an automatic trademark infringement claim, which provides greater protection and full remedies.

In order to be capable of registration, there are several conditions that trade marks must follow. These include:

• The trade mark must be distinctive;
• The trade mark must not be descriptive, i.e. it must not describe characteristics of the goods or services relating to the mark;
• The trade mark must not be something that has become customary in the established practices of the trade in question;
• The trade mark must not exclusively comprise (1) the shape which results from the nature of the goods themselves (2) the shape of goods which is necessary to obtain a technical result or (3) the shape which gives substantial value to the goods;
• The trade mark must not be deceptive or offensive.

If you have a company name or logo that you would like to protect by creating a trade mark, contact Lizzie Bradley at Bradley Haynes Law on 01905 900919 or lizzie@bradleyhayneslaw.co.uk.