Trade Marks
We act as trade mark agents to many companies. We are able to advise upon, and deal with the registration of trade marks in the United Kingdom, European Community and other overseas jurisdictions.
Your company's name or a brand name, method of packaging and/or logo that you use to identify and sell your goods and services, are all trade marks. Either together or on their own they help customers identify your products and to choose them over those of your competitors.
A trade mark is an important part of a company's intellectual property, the value of which is likely to increase over time the more the mark is used, marketed, advertised and generally promoted to help the company achieve market recognition and to build sales.
Rather than simply relying on common law rights, which can be difficult and costly to enforce, you could seek enhanced protection of your company's trade mark by obtaining formal trade mark registration in the countries in which the company's goods and services are sold.
Once the trade mark is registered, the company:-
- has an exclusive statutory right to use the trade mark for the sale of goods and services in the countries covered by the registration; and
Trade Mark Registration in the UK
We can act as your agent to secure the registration of trade marks. The application procedure essentially comprises:-
- Providing advice on the registrability of a proposed mark. To be accepted for registration a trade mark must have a distinct identity and any words must be acceptable for registration and not merely describe the products and/or services;
- Conducting a search of existing registered trade marks. This determines whether there are any existing marks which are identical or confusingly similar to your proposed mark and which might present an obstacle to registration; and
- Making application. Assuming that the initial search stages indicate that a mark is likely to be accepted for registration and no citations of confusingly similar marks have been made, application will be made giving details of the mark or marks to be registered and a list of the goods and services and the classes in which protection is sought.
The initial advice and search stages generally each take a week to be conducted but can be addressed simultaneously. Once application is made and assuming no objections are raised, registration is usually achieved within nine to twelve months.
As established agents we enjoy a good relationship with the UK Intellectual Property Office which, with our own extensive experience built up over many years, assists with the smooth processing of applications for our clients. In many instances, an initial objection or obstacle to registration of a proposed mark can be overcome by this close liaison.
Overseas Trade Mark Registrations
We also deal with the registration of European Community Trade Marks, international registrations under the Madrid Protocol and individual registrations in other overseas jurisdictions. This is particularly important where you trade overseas and need to protect your trading name, brand or logo in these other countries.
The procedure for registration of a Community Trade Mark, giving protection in all EC Member States, is similar to the registration of a UK trade mark, although application is made through the Office of Harmonization in the Internal Market in Alicante.
The owner of a trade mark in the UK may protect his trade mark abroad by an International Trade Mark Registration under the Madrid Protocol. By using the Madrid Protocol System up to 75 countries may be included in a single application to the World Intellectual Property Organisation in Geneva.
The procedures and costs for registration of trade marks in other countries vary and information can be provided on a country by country basis as required.
David Venus Trade Mark Protection acts as agent to an expanding number of clients helping them to register their trade marks, monitor and address renewals, manage their portfolio by periodically expanding the scope of protection and take action against infringement of their registered trade marks.
