What are the benefits of trade mark registration?

By registering your brand name and other identifying features as trade marks, you secure a monopoly over the use of those marks in connection with the goods or services for which they are registered.

Owners of registered UK trade marks are able to prevent the following uses of a trade mark by a third party where that use is made in the course of trade:

• use of an identical sign in relation to identical goods and services for which the trade mark is registered;
• use of an identical sign in relation to similar goods or services, or a similar sign in relation to identical goods or services, where that use causes a likelihood of confusion on the part of the public; and
• use of an identical or similar sign where the registered trade mark has a reputation in the UK and use of the sign is without due cause, and either takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

As the owner of a trade mark registration, you can take legal action against anyone who uses your brand without your permission, including counterfeiters.

Securing trade mark registration provides a much stronger right to enforce against third parties than relying on unregistered rights such as passing off and copyright.  As there is a clear date from when legal protection started and the scope of that protection, trade mark registration can therefore avoid the expense and evidential issues of bringing unregistered rights claims.

A registered trade mark can also be commercialised in the same way as tangible assets, by way of licence, sale or rights in security, and can be relied on to prevent third parties from copying your brand.

These are just some of the benefits of trade mark registration for your business.