subject: Learn How And Why To Register Your Trademark [print this page] If you are interested in running your business in the UK, it is important that you pay attention to certain legal requirements. There are a number of important points that need your attention, and one of the most important requirements is to get your trademark registered. The benefits of registering your trademark are many. It allows you to exclusively use your trademark for the goods or services you provide in the UK.
You can also use the symbol next to your registered trademark indicating others that its registered and cant be used. However, if you use this symbol again as an unregistered trademark, it will be considered illegal and as an offence.
A registered trademark:
- Would be useful in warning and putting off people to use your mark, without prior permission
- Gives you the legal right to take action against those who use your trademark without permission
- Also the police and the Trading Standards Officers can take criminal actions against those who counterfeit your trademark in case they use it
- Gives you the full ownership of it, you can sue it in variety of ways like you can sell it, give it out for franchising, or allow other people to have license for using it.
How to protect your unregistered trademarks?
If you dont get your trademark registered, still you can manage to take legal action against those who use it without your permission. This can be done through the common law action of passing off.
In order to be successful in the action of passing of, you must be able to prove that:
- The mark is your property
- Using this mark you have built up a reputation
- Due to its illegal use, you and your business has been harmed and suffered
Proving a passing off action can be very difficult and expensive too.
It is easier to take legal action in case of infringement of your mark when it is registered as compared to taking passing off action.
Thats the reason why you should seriously think of getting it registered. In the UK to register a trademark you need to apply at the Intellectual Property office. This can be done by filling out the TM3 form completely online or by submitting the TM3 in paper form at the Intellectual Property office Trade Marks Registry along with the appropriate fee and the fee sheet.
There are discounts available for those who file the application electronically online and also pay the amount at the time of application filing. There is also a choice to use the standard or right start examination service. The right start service allows you to pay the fee in half of the normal fees. Once its done, the Intellectual property office examines the application and ensures that it meets all the requirements of the Trademark Registration and based on that it issues the report. If you decide on proceeding with your application, you can pay the remaining half of the fee then.
