A trade mark is a sign that distinguishes the goods or services of one business from those of others. It can take many forms—such as a word, logo, slogan, design, sound, colour, or a combination. In the EU, rights are typically acquired through registration. In the UK, they may be acquired either through registration or by use under common law (via the tort of passing off). However, registration is generally preferred, as it offers stronger, faster, and more easily enforceable protection.
Trade mark protection is territorial. You must register in each country or region where you want protection.
For example:
• A UK trade mark covers the United Kingdom.
• An EU trade mark covers the European Union.
• A US trade mark covers the United States.
• A Japanese trade mark covers Japan.
You may register in individual countries or regions as needed.
Following Brexit, separate registrations are required for the UK and the EU. To obtain protection in both, you must apply to both the UK Intellectual Property Office (UKIPO) and the EU Intellectual Property Office (EUIPO). For protection in non-EU, mainland European countries (like Norway or Switzerland), you’ll need to register separately or consider using the International trade mark system.
Administered by the World Intellectual Property Organization (WIPO), the International trade mark system allows you to apply for trade mark protection in multiple countries through a single application. It offers a cost-effective and centralised way to manage your rights globally.
A trade mark can last indefinitely, as long as it is renewed every 10 years and remains in use.
Possibly. It depends on how similar the marks are and whether they relate to similar goods or services. A clearance search is highly recommended before adopting or registering a new trade mark to assess the risk of conflict.
A clearance search involves checking existing trade mark registers to determine whether a proposed trade mark is available for use and registration. It helps reduce the risk of infringing earlier rights and avoids costly disputes and wasted investment.
Any legal entity capable of owning property—such as individuals, companies, or partnerships—can apply to register a trade mark.
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Yes. A registered trade mark may be challenged and cancelled if not used within a certain period. In the UK, for example, a trade mark becomes vulnerable to cancellation if not used within five years of registration, or if unused for any continuous five-year period thereafter. While the mark remains on the register until challenged, its enforceability may be limited without genuine use.
