FAQs about Intellectual Property

Trademark tips

1. Identify the trade mark

What distinguishes your business from  your competitors and is it integral to your brand  ? Is it words, images, logos or perhaps a combination ? Is it registrable and is it worth protecting  ? Always check first.

2. Registration of trade marks or use of unregistered sign to experiment ?

Raised profile of a possible trade mark is important and one way of doing this is to use the designation “TM” .

3. Don’t apply unless you are confident you will succeed

Trade mark applications are expensive and application fees are not refunded for unsuccessful applications. It is vital to prepare the application carefully and check for other trademarks similar or the same before applying to increase the chances of success and avoid the possibility of infringement proceedings.

4. Keep Records

It is vital that certain documents, records, sample material relating to the use of your trade mark is retained. If your trade mark is challenged, it is important evidence, particularly in a dispute as to who was using a trademark first.

5. Diarise to renew the trade mark

Trade marks must be renewed every 10 years coinciding with the date your application was received by the Registry. Missing the renewal can have disastrous consequences.

6. Leverage your trade mark

Once you have a trademark there are many possibilities to use it if your brand is strong. Possibilities include :-

  • licence of mark to other businesses and charging royalties
  • sale of the trademark

7. Check for possible infringements of your trademark

Note that failure to take action on a breach may, in legal terms, be considered to be a waiver of your rights. There are ways of monitoring trademarks offered by us and other providers and it is always important to train staff to watch out for potential infringements.

8. Be prepared to enforce any breaches

Swift and decisive action is particularly important with trademark breaches. Often, simply a stern letter from your solicitor will achieve the desired result but injunctions are also an important tactic in this area of law.

9. Obtain intellectual property litigation insurance

Pursuing or defending intellectual property claims can be expensive so it is worth considering obtaining “Before the event” legal expenses insurance.

If we can assist further, please visit our main Intellectual property law page.