Is Your Brand Name Properly Protected?
Introduction
Many clients approach our firm for advice after learning that a competitor has launched a rival business, product or service under the same or a very similar brand name to that used by them. Understandably, they want to be able to stop them. Unfortunately, we often have to advise them that they cannot do so, because they don't have a registered trade mark for the brand name in issue.
This can come as a surprise for many businesses, especially those that have been trading under a brand name for a number of years. In particular, it is not always understood is that just because a company has registered its name at Companies House does not mean that the company can automatically stop others from trading under that name or something very similar. Only a registered trade mark can give this level of comfort and security.
At Ashfords we advise our clients to apply to register their key brand names as registered trade marks. Registration operates as prima facie evidence of your legal ownership of a brand name and of your right to stop someone else using it for the same or similar goods or services. A trade mark registration will also be revealed by someone conducting a clearance search to check whether they can use a particular brand name and may therefore deter third parties from adopting an identical or similar mark for their businesses. A trade mark registration can also be used to prevent the registration of an identical or similar mark by someone else.
A UK registered trade mark usually costs less than £1000 plus VAT to obtain and lasts for an initial ten year period. So, you are talking about paying roughly £100 per year for, in effect, an insurance policy enabling you to stop a rival business using your brand name or something very similar. The registration can also be renewed every 10 years and thus can theoretically last forever.
In the modern world in which we live, your brand name can be the most valuable asset that your business owns. Just imagine the damage that could be caused if someone started using your brand name. Do something to prevent that, by registering your key brand name now.
Frequently Asked Questions
My company name is registered at Companies House. Is that not enough?
No. Registering your company name at Companies House does not automatically give you the right to stop someone from trading under your name or something very similar
So what can I do to protect my brand name?
Apply to register it as a trade mark. This will allow you to stop others using the same or a similar name for the same goods/services.
What does it cost to register a trade mark?
A UK registered trade mark usually costs less than £1000 plus VAT to obtain and lasts for an initial ten year period. Renewal fees are payable every ten years.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
|
