do i need to trademark my business name uk

#DO I NEED TO TRADEMARK MY BUSINESS NAME UK HOW TO#
#DO I NEED TO TRADEMARK MY BUSINESS NAME UK REGISTRATION#
#DO I NEED TO TRADEMARK MY BUSINESS NAME UK PROFESSIONAL#
#DO I NEED TO TRADEMARK MY BUSINESS NAME UK FREE#

This practice is known as cyber-squatting – registering and using domain names in bad faith. The reality is that many individuals buy internet domain names containing the name of a specific company with the aim of selling it to that company to make a significant profit. co.uk (and similar), but the business name itself can be registered. As mentioned above, the IPO may well not accept trade mark applications containing. There is greater potential for infringement or misuse of company names in particular, because of the nature of internet domain names. Is there anything I should be aware of when deciding to register my company name as a trade mark? So if your trade mark is registered, it will be much easier and quicker to take legal action against an infringer than relying on a passing off claim. In many cases, a huge amount of evidence is required to demonstrate each of the three elements required to bring a successful claim. If I can make a passing off, does this mean I don’t need to register my mark?Īlthough you can make a claim for passing off for your unregistered trade mark, it can be difficult and potentially expensive to prove.

That your goodwill or reputation has been harmed in some way by the other person using your mark.

That you have built up a reputation in the mark, and.

To be successful in a claim for passing off, you must prove: Passing off claims How do you prove ‘passing off’? This is done through a passing off action. The trade mark owner can take formal legal action if someone else uses their mark without their permission. Your trade mark does not have to be registered (and in some cases, an application may be refused), but you can still take steps to stop someone from infringing your unregistered trade mark. What protection does the law provide for unregistered trade marks?

#DO I NEED TO TRADEMARK MY BUSINESS NAME UK REGISTRATION#

Formal registration of your mark is, therefore, imperative. There is limited common law protection (‘passing off’), but it is relatively difficult to succeed in a passing off claim. If a business does not formally register its trade mark, then it may be exposed to the potential misuse by another business of its trade mark, whether that is the company name, logo, strapline, or design. However, registration is by no means automatically granted by the IPO. Should I register my company name as a trade mark?Īn individual business should always register its trade mark name as a trade mark if it is serious about getting the best protection against infringers.

The IPO may accept made up words as trade marks, but it may not accept misspelled words such as ‘fone’ instead of telephone. In addition, trade marks which are offensive, illegal or deceptive will be refused. The IPO will refuse to consider trade marks that are not deemed capable of functioning as a mark those that are not sufficiently distinctive those that are similar to existing trade marks or marks that have become customary in your line of business.

This provides legal protection in the UK for that mark against any other company or person using that trade mark, as registration essentially guarantees the identity of the origin of the goods or services without possibility of confusion to consumers. Under UK law, a trade mark can be registered with the UK trademark and Intellectual Property Office (IPO). However, if the trade mark has been registered, it is easier to win a claim for trade mark infringement than if it is not. You can stop someone using the same, or a similar, trade mark whether or not it is formally registered. Unregistered Trade Marks What is a trade mark?Ī trade mark is a sign or logo, design, or even a word phrase, that distinguishes the goods or services of a business from those of its competitors. Read the terms and conditions for using the .uk website. Our yearly student nurse recognition award.įind out how we handle your personal information. Get in touch with us if you want to discuss anything related to the .uk website.

#DO I NEED TO TRADEMARK MY BUSINESS NAME UK HOW TO#

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#DO I NEED TO TRADEMARK MY BUSINESS NAME UK PROFESSIONAL#

What should you look for in a lawyer? Our guide will give you information on the accreditations and professional bodies to look out for.įind out how to secure compensation after you've been injured in an accident. Get an overview of the claims process, and if you still have any questions, check out the most common questions below. We explain how fees, solicitors and compensation work.

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Do i need to trademark my business name uk