Home   |   About Firebird IP   |   Intellectual Property   |   Links   |   News   |   Contact Us
TRADE MARKS < Back to 'Intellectual Property'

A trade mark is a sign that distinguishes one trader’s goods or services from another’s.

It is not essential to register a trade mark.  Some countries have common law or unfair competition laws that provide protection for the owners of unregistered trade marks.  However, registration is advisable.  In the first place, it can be difficult and expensive enforcing common law or unfair competition law protection for unregistered trade marks.  For example, it may be necessary for the owner of  the mark to prove ownership, notoriety and the likelihood of confusion resulting from the use of the mark by another.  Furthermore, for the European Union at least, if a mark is unregistered and a third party registers the same mark, that third party may be able to control use of the mark.  Whatever the case, it will generally be cheaper to register the mark than to try and overcome the registered mark.

How To Obtain A Registered Trade Mark

A registered trade mark can be obtained by filing a United Kingdom national application that will provide protection for the United Kingdom only or a Community Trade Mark application that will cover the entire European Union.

Types Of Mark That Can Be Registered

The most common forms of trade mark are words or logos.  However, many other forms of mark can be registered and if you have some thing you use to distinguish your goods from those of other traders, it is best to seek advice.  Examples of other possible forms of mark include shapes (for example the coca cola bottle or Jif lemon), sounds (for example the tune that plays when Windows boots up) and colours (a particular shade of the colour orange has been registered by a well known mobile telephone operator).
Home   |   About Firebird IP   |   Intellectual Property   |   Links   |   News   |   Contact Us
  © Firebird IP. 2010. All Rights Reserved. Regulated by IPReg  
Firebird IP is the trading name of Firebird IP Ltd, Registration No 7200844  (England and Wales)
Registered Address 27 Old Gloucester Street, London, WC1N 3AX