What is trade mark protection?
Trade mark protection is a means of securing a monopoly right in a word, logo, shape, colour or sound that acts as an identifier of origin, allowing consumers to immediately determine the source of the goods or services offered under that particular trade mark or brand.
n order for a trade mark to be granted and act as a source indicator, it must possess some level of distinctiveness and cannot be descriptive. If an application for a trade mark describes the product or service for which protection is sought, it is unlikely to be granted and is most likely a term that should be free to use by all.
A crucial aspect of our trade mark service is to counsel and educate you on what makes a strong trade mark and how best to protect it.
Well-considered trade marks are powerful tools in building consumer recognition and reputation. They are the name above the door that drives a brand's success. As such, they are rights that are certainly worth enforcing and defending. However, on the basis of this value, it also means other trade mark owners are likely to vigorously police their own brands and rights.
Our trade mark attorneys assist in the obtaining of trade mark protection in the most efficient manner. Our work and skill is to help clients register a mark which does not infringe another, meaning the likelihood of a dispute is much lower. If an opposition dispute or litigation action is raised, we assist our clients through the provision of strategies that allow our clients to navigate such routes with minimal impact to their rights. By all means necessary, we will try and avoid a “go back to square one” outcome.
Trade mark litigation or opposition actions are most likely to occur when a party has not searched for a trade mark and as such, have not fully considered or assessed the earlier rights with which their mark may conflict.
However, by engaging an expert attorney, you need never encounter such issues.
With our guidance, we aim to arm our clients with the strongest rights applicable to their businesses. This provides powerful monopoly rights that can be used to ensure a clear path for brands to prosper and ensure a level of quality to the intended consumer.
We also apply strategies to ensure that any opposition or litigation actions are avoided thanks to our diligence and analysis processes in the search and filing stages. Trade mark disputes - however small - are damaging for a brand’s reputation and the costs can be more significant than solely financial.
At Keltie, our work in this area aims to avoid the unnecessary costs of aggressive enforcement or litigation. By involving our trade mark attorneys as early in the process as possible, we get you and your trade mark the most appropriate and complete protection possible.
The adage that ‘prevention is better than the cure’ firmly applies in our trade mark processes and with Keltie, you and your trade marks are in capable hands.
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01.02.2023UKIPO Requires UK Address for Service for International TMs and Designs
Following the recent decision of the Appointed Person (AP) in Tradeix Ltd v New Holland Ventures Pty Ltd BL (O/681/22) (Marco Polo Case), the UKIPO will now require a local address in the UK (or in Gibraltar or the Channel Islands) before any formal serving of documents in contentious proceedings relating to UK designations of International trade mark or design registrations. Failure to provide a UK address for service may result in a challenged registration being cancelled or an opposed trade mark being treated as withdrawn.