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Sunday, May 20, 2018

Counselling aimed at the Registration of a Trademark

A chosen and carefully designed trademark has a considerable commercial value for most enterprises. According to some of them, their trademark may even be their most valuable asset. While most enterprises are aware of the importance of using trademarks to differentiate their products from their competitors' ones, only some of them realize the importance of protecting their trademarks by registering them.

The Intellectual Property Office, which is based in Newport-South Wales, is the competent Authority allowed to grant you the "Trademark Registration" in the United Kingdom.

The trademark is a sign and main symbol of the company product. It must be something new, not be indefinite and untrue. The trademark allows to make different the company products from those of the competitor companies, and to identify the origin of a product/service.

The trademark can be formed by an image (figurative mark) or by a language phrase (denominative mark). The entrepreneur that holds the rights of a trademark has the right to use it in an exclusive way just like the firm and the sign. We must pinpoint that the trademark identifies the product and not the entrepreneur. In the British system of trademark protection, the protection starts from the moment in which the mark is actually registered.

It is important to tell that in the UK, the protection of a registered mark is quite complex and difficult as it requires action to demonstrate legal ownership of the brand and its established use in time. The use of the mark may be proved either by direct use of the foreign owner and by the use of those who have had by the holder the right to use the said trademark in United Kingdom, for example, by a user's license.

To reduce the risk of embezzlement of the brand by a third party it is essential to provide for the registration before it enters the British market, preferably at the moment of thinking this is likeable to happen, even if not in the short term. This also applies when the goods produced in the United Kingdom are intended solely for exports.

In the United Kingdom the procedure of the "Trademark Registration" consists of three phases:

  • CHECK: Checking whether there is a similar mark already registered, verification of the requirements for the registration of it.
  • PUBLISHING: Overcome the verification of the requirements, the mark is published on the "Trade Marks Journal".
  • REGISTRATION: In the absence of opposition during the period of publication, the stage of trademark registration opens.

WHY DEPOSITING A TRADEMARK

  • To create as added value.
  • To get the protection of the name of the Company or of the name of the product/service.
  • Because it is not necessary to use it immediately and for 10 years, you can stop the third parties.
  • For the precise date when the right starts.
  • Because you want to protect also similar fields addressing to the same type of customer.
  • To be able to control the markets.
  • To issues licences.

The "Trademark Registration" may be required both by British and foreign companies. The recordable marks can be:

  • Product trademarks.
  • Service trademarks.
  • Certification trademarks (the holder mustn't have any commercial or industrial interest, direct to the subtended product/service).
  • Joint trademarks (the holder can only be a legal institution that represent a group and able to carry out an activity different from that of its members).

The foreign trademarks are registered in observance of the principles of the Convention of Paris, that states a period of exclusive priority six-month long, starting from the date in which the registration is required in the Country of origin, provided that the holder declared that he wanted to extend the registration to other countries that agreed with the Convention. The registration of trademarks confers protection on their holders for a period of ten years, which can be renewed once for the same lenght of time.

Before the registration it is appropriate to define the version or versions of the mark that you want to protect and what products and services, or to which classes or, more properly, to which subclasses.

The knowledge of the procedures is essential, so the intervention of a professional man is advisable if not necessary in order not to fall into treacherous mistakes that might compromise the defence of the trademark as well as burden on the expenses of validation. Bright Business Consulting LLP is the suitable partner for "Warranty & Assistance" with skilled staff, in all the steps leading to the validation of the trademark in United Kingdom.

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Bright Business Consulting LLP
58/60 - Kensington Church Street
LONDON - UK - W8 4DB 

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