Business Matters UK - Additional Trade Mark Class Registration Worldwide
What Is A Trade Mark
A trade mark is any sign which can distinguish the goods and services of one trader from those of another. Trade Marks can be words, logos, pictures, or a combination of these and are used so that the product or service that a particular trader provides can be recognized by customers and cannot be imitated by others.
To register a trade mark the mark must be;
- Distinctive for the goods or services which you are applying to register it for.
- Not deceptive, or contrary to law or morality.
- Not similar or identical to any earlier marks for the same or similar goods or services.
There are 45 trade mark classes that cover all goods and services. Class 25, for example, covers clothing, footwear and headgear. If you were to trade mark a brand name under class 25 this would prevent any other trader from producing any item of clothing, footwear or headgear, that appears in class 25, brandishing your name or logo.
However if another trader decided to deal in class 15 (musical instruments) you would generally find that there would be nothing to stop them trading the instruments under the same name. You can trade mark goods or services in as many classes as required so long as there is a genuine usage for registering in that class.
Why Trade Mark?
By trade marking you protect yourself from unauthorized use of your mark. Without a trade mark a copycat company could cause loss of business or damage the reputation of your trade. If this was to happen whilst your company is trade marked then legal action can be taken. If your mark is registered you may sue for infringement under trade marks law. For this to succeed you have only to show that someone else has used a mark which is the same as (or similar to) your own registered mark on goods or services which are the same as (or similar to) the goods or services for which your mark is registered.
In certain circumstances the deliberate use of your registered mark on goods/services, by another person and without your knowledge, may be classed as counterfeiting. This is a criminal offense, and criminal proceedings may be initiated under trade marks law by police and Trading Standards Officers.
Without a registered trademark you can still be protected by the law of 'passing off' however this can prove to be a long and costly ordeal.
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