Trade Marks

Registered trade marks protect names, logos and other signs used to distinguish goods and services. To be validly registrable, a trade mark must be distinctive either because of its inherent qualities or because it has acquired distinctiveness through use. Examples of marks that are not inherently distinctive are common surnames, large geographical locations, and words that are descriptive of the goods or services.

Once registered, trade marks can be renewed indefinitely. However, a trade mark that is unused for five years is vulnerable to removal from the register. Trade marks must be registered for specific goods and services, although quite broad language can be used to define the coverage sought. All goods and services are divided into classes, and fees are usually based on the number of classes specified in an application.

Applications are usually examined for distinctiveness of the trade mark. In some countries there is examination for conflicts with existing trade marks, although in others this is left to oppositions by owners of existing marks. Applications may be filed nationally, or protection may be sought for a Community Trade Mark or for an International Registration covering a number of countries.

An application may be filed in a single country such as the UK initially, and protection sought in respect of other countries up to six months later, claiming priority from the original filing date.

For more detailed information on trade marks, please visit our Library page.