Trademarks
What is a trademark?
A trademark is a symbol which can distinguish the goods and services of one trader from another: words, logos, pictures or a combination. Your trademark allows it to be used in relation to good and services and can oppose similar imitations or copies.
What cannot be registered as a trademark?
Words or logos which would not be considered as a distinguishing mark or a description of goods and services. Offensive, illegal, deceptive or protected symbols. Invented words are allowed.
Commercial identifiers
Trademarks are only one section within a class of IP assets called “commercial identifiers”:
- Company Identifiers: company name and logo;
- Product Identifiers: brand names (symbol, letter, design, icon), design marks e.g. Coca Cola’s famous ribbed bottle;
- Service Identifiers: service offered, shape and decoration of stores.
Commercial identifiers are the most overlooked IP assets by entrepreneurs – however, trademark protection is an important component of a company’s overall IP strategy and is critical when considering the overall value of a business.
What are the timescales?
It takes roughly 3 months to secure a registered trade mark for company name, product or service name, assuming it meets the criteria and assuming no-one objects.
Of course you don’t need to have registered trade mark to have a valuable brand. Brands can still be built on unregistered marks which the company has been using for years and its customers recognize. These can often be the most valuable IP assets in a business.
