Potts, Kerr & Co.

Trade Marks

Trade marks, which can take the form of words, logos, graphics, colours, sounds and even smells, are often the most valuable – but sometimes overlooked – assets of a company. To ensure that marks are adequately protected, it is vital that they be registered as relying on use has become highly risky as a result of a change to UK law, back in 1994.

Indeed, in most jurisdictions – including the UK and European Union – priority is now firmly given to those who register their marks first, and for that simple reason it is important that trade marks are registered as soon as possible.

Registration of a mark gives the owner an immediate right to prevent a third party from using an identical or similar mark, in relation to the same or similar goods or services. Where the mark is registered, it is not necessary to show that the mark has a reputation, or that any confusion has been caused.

It is also important to realise that the registration of a UK company name (at Companies House) does not provide any meaningful level of protection against third party use of a similar name, and thus serious consideration should also be given to registering 'stems' of important company names, without delay.

The trade mark attorneys of Potts Kerr are qualified to advise on all aspects of trade mark law and practice, including pre-filing and infringement searches, registrability opinions and opposition advice, and of course to file and prosecute applications in the UK and abroad. We have specific and wide-ranging experience in relation to European Community trade marks, portfolio management and strategic advice and also in the prosecution of international registrations, governed by the World Intellectual Property Organisation.