TRADE MARKS

An overview of Trade Marks

A Trade Mark is a brand identifier that can be any form of distinctive "sign" such as a word, a logo, a type of artwork, a particular colour combination, or a container of unusual shape. In the UK, Trade Mark rights are primarily acquired through registration of the Mark.

Trade Marks are registered in respect of goods and/or services, so the same (or similar) Trade Marks can be owned and used by different parties for different categories of goods and/or services (e.g. PENGUIN biscuits and PENGUIN publishing services).
Trade Marks are a very valuable means of differentiating party’s products and/or services from those of its competitors.

When selecting new Trade Marks, a search should be carried out to avoid the possible infringement of the Trade Mark rights of others. Such a search involves experienced staff searching databases of registered or pending Trade Marks in the relevant geographical territories to ensure that there is no identical or similar Mark already in force. The search can be extended if necessary to look for unregistered, common-law, rights. If the search is clear, an application can be filed to register the Mark.