If you register your trade mark successfully you will have the right to sue, for infringement, when another party uses the same or a confusingly similar mark relating to the same or similar goods/services to those covered by your registration.

If this action is successful it can even lead to severe measures against the party infringing the mark, including destroying or delivering to you all the infringing goods and ceasing supplying all infringing goods or services.

It is still possible to have a trade mark which is not registered but it can only be protected using the law of 'passing off'. In general,  actions for passing off are much more difficult and costly than those for infringement of a registered trade mark.

• Registration acts as prima facie proof of ownership and entitlement to the mark.
• Registration gives a statutory monopoly of the mark. 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.
• 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.
• Registration can be obtained before the mark has been used as long as there is genuine 'intention to use' the trade mark.
• Registration avoids a costly 'passing off' action in most circumstances.
• Registration gives 'security of mind' to the owners of the registered mark. Owners of similar but unregistered marks cannot claim infringement but have to rely upon costly and often unsuccessful common-law passing off.

The first step toward registering your mark is to conduct a search to see if there are any existing marks which may conflict with your proposed name or logo. Our experienced trade mark professionals will assist you with every step of the trade mark registration process.

 Click here to carry out a trade mark search

If you have a general enquiry about trade marks, you can also contact our trademark specialists on 01763 247 030 or Email us.

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