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eu trademark information

"eu trademark search Warren Israel" (2020-03-01)

If you have a product or offer a service under a brand name or trademark, you should protect this business identity, market position and commercial advantage by trade mark registration. Registration is obtained in the UK by filing a UK trademark application at the UK Intellectual Property Office or as part of a community registration (which covers all 27 EU Member State).

A UK trademark registration is prima facie and immediate evidence of your ownership of the registered trademark in relation to the goods/services covered by the registration. It is the quickest and most cost effective way to secure monopoly rights. Registration can be obtained in less than four months.

Although unregistered rights are recognised at common law, via the tort of passing off, there is an onerous burden of proof upon the claimant to bring such an action. Unless the trade mark has been advertised very extensively in the UK, it takes several years or more to accrue enforceable passing off rights, which must be supported by evidence. It is very expensive and difficult to bring a successful passing off action.

Registration is powerful and has a two-fold benefit. Rather than risking this situation, it is strongly advisable to seek registration as early as possible.

In order to obtain registration, your trademark must fulfill certain criteria, which will be checked by the UK IPO, after your application has been filed. The trade mark must not conflict with earlier trademark applications or registrations. Provided your trademark meets these requirements, registration can be obtained for slogans, logos or words.

It is also vital to remember that, notwithstanding that you might have registered domain names and a company name, trademark registration is still essential. It is a common misconception that domain name registration and company name registration protects your trade mark. They do not. They simply prevent others from registering the same domain or company name. They do not protect against others using a similar or identical trade mark.

Your brand name is one of the most valuable assets of your business and must be given the protection that it deserves. Trade mark registration is the answer

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