Information: Trade Marks

17 Apr 2006

A trade mark is a sign that identifies the supplier of goods or services. They may take the form of a name, logo, initials, numerals, tune or the shape of goods or their packaging - just about anything that can be written in letters, numbers or other symbols that is capable of distinguishing one supplier's goods or services form those of all others.

Trade marks are protected by registration and the law of passing off. These rights are complementary. The law of passing off prevents one supplier from misrepresenting his or her goods or services as those of another supplier. Registration prevents anyone but the registered proprietor from using the registered mark or a confusingly similar sign in relation to the goods or services for which the mark is registered.

Trade marks can be registered for a country or territory or, in some cases, a group of countries and territories, upon application to the trade marks authority for the state, territory or group of territories concerned. The trade marks authority for the UK is the Trade Marks Registry of the British Patent Office. Alternatively, a trade mark may be registered for the whole European Community including the UK upon application to OHIM (the Office for Harmonization in the Internal Market). HM government and the EC are also party to an international agreement known as the Madrid Protocol which enables an application to be made to a number of registries at the same time.

While it is possible for anyone to apply to register a trade mark it is usually safer to instruct a patent or trade mark attorney to undertake the process. For help on selecting a trade mark or patent attorney, see "Trade Mark Applications" on the nipc website. For more information on trade mark applications, see the article Applying for Trade Marks on the IP/IT Update website.

Further Information


Information: Trade Marks 17 Apr 2006 A trade mark is a sign that identifies the supplier of goods or services. They may take the form of a name, logo, initials, numerals, tune or the shape of goods or their packaging - just about anything that can be written in letters, numbers or other symbols that is capable of distinguishing one supplier's goods or services form those of all others. Trade marks are protected by registration and the law of passing off. These rights are complementary. The law of passing off prevents one supplier from misrepresenting his or her goods or services as those of another supplier. Registration prevents anyone but the registered proprietor from using the registered mark or a confusingly similar sign in relation to the goods or services for which the mark is registered. Trade marks can be registered for a country or territory or, in some cases, a group of countries and territories, upon application to the trade marks authority for the state, territory or group of territories concerned. The trade marks authority for the UK is the Trade Marks Registry of the British Patent Office. Alternatively, a trade mark may be registered for the whole European Community including the UK upon application to OHIM (the Office for Harmonization in the Internal Market). HM government and the EC are also party to an international agreement known as the Madrid Protocol which enables an application to be made to a number of registries at the same time. While it is possible for anyone to apply to register a trade mark it is usually safer to instruct a patent or trade mark attorney to undertake the process. For help on selecting a trade mark or patent attorney, see "Trade Mark Applications" on the nipc website. For more information on trade mark applications, see the article Applying for Trade Marks on the IP/IT Update website. Further Information