A trade mark is a symbol or sign used by a trader to distinguish its products or services from other traders’ products or services. A trade mark can be a brand name, such as Waitrose, a combination of letters or numbers, such as 501, or three-dimensional shapes, such as the Mercedes star. A trade mark can also consist of the shapes of products or their packaging, like a bar of Toblerone chocolate, or colours associated with a trading style, such as the green colour used on Heinz baked beans tins.
Trade mark owners can apply for a UK trade mark which is only enforceable in the UK or for a Community trade mark which is enforceable throughout the EU. To qualify for registration a trade mark must be:
- capable of being represented graphically;
- distinctive;
- capable of distinguishing goods or services; and
- not excluded by statute.
Trademarks snapshot
| Registered marks ® |
These can be used to protect names and images as long as they are not already known. |
| Unregistered marks ™ |
These can be used to protect the look and feel of your service or business by identifying elements such as the colours you use in branding. They can also be used to protect well-known individuals from false endorsement. |
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk