Why
Register
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Trade
Mark applications are now dealt with on a 'first filed'
basis and there is no longer any procedure which allows
the proprietor of a later filed application for a Trade
Mark to claim prior right of ownership of the Mark. It
is therefore prudent for an owner of a Mark to file as
soon as possible. We recommend that applications are filed
at the conception stage of a product or service, allowing
time to be registered before a product launch. If a Mark
is not registered and has no use, it is not possible to
bring a 'passing off' action.
In addition, by starting registration proceedings at an
early stage, searching the Trade Marks register forewarns
of existing registered and pending rights. It is estimated
that in the region of 30% of research and development
conducted in Europe is wasted on products which already
exist. Early filing deters competitors from pirating the
Mark.
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Benefits
Of Registration
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Registration
acts as prima facie proof of ownership and entitlement
to the Mark.
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Registration
gives a statutory monopoly of the Mark.
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Therefore
even if a competitor at a later date comes to the
idea totally independently, the owner of the Registration
still has the right to the Mark and can claim infringement.
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Registration
enables, without even proof of actual damage, an
infringement action to be brought against any identical
or similar mark adopted after the filing date, for
identical or similar goods, or where there is likelihood
of confusion or association with the Trade Mark.
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Registration
can be obtained before the Mark has been used as
long as there is genuine 'intention to use' the
Trade Mark.
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Registration
avoids a costly 'passing off' action in most circumstances.
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Registration
gives 'security of mind' to the owners of the registered
Mark.
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Owners
of similar but unregistered marks cannot claim infringement
but have to rely upon costly and often unsuccessful
common-law passing off.
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Who
Can Register?
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Any
individual or corporate body with a Trade Mark may register.
Any Mark that is already in use or a Mark where there
is genuine intention to use, may be registrable. Each
Mark remains registered for 10 yearly periods, subject
to the renewal fees being paid.
Each
registered mark has an infinite life span as long as it
remains validly registered. This makes Trade Marks unique
in the field of Intellectual Property, where Design and
Patent rights expire. Therefore there has been an increase
in the number of distinctive designs being protected as
trade marks.
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RM
Trademarks Ltd
47 High Street
Bassingbourn
Royston
Herts SG8 5LD
Telephone: 01763 247 030
Fax: 01763 246 743
E-Mail: rmtm@rmtm.co.uk
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