Trade marks

What is a trade mark?

A trade mark is a type of intellectual property consisting of a recognisable sign that identifies products or services of a particular undertaking from another. For a mark to be able to fulfil this function, it has to be:

• Not descriptive
• Distinctive
• Not likely to confused with earlier existing trade marks (both registered and unregistered)

Do I need a trade mark search?

A trade mark search is always recommended, especially if you have global intentions for expansion of the brand. The search results are never black and white and not an exact science but it is highly valuable to be aware of potential issues before launching a new name, in order to plan for the future and mitigate potential risks.

Not every similar or identical earlier trade mark will be an obstacle for registration of your mark. Get in touch with our trade mark team via the contact form to schedule a free meeting to discuss.

We perform a worldwide identity search that pulls visually identical or phonetically equivalent marks in all classes. The search usually returns hundreds of results but we analyse those that we consider of the highest relevance in more detail, highlighting any red flags and helping with risk assessment

What can my trade mark protect?

Following the search, each trade mark should be secured for the goods and services that the name is actually used for or will be used for (according to the TM rule “use it or lose it”). The number of goods and services you wish to protect will impact the number of trade mark classes that you need to file in. The higher number of trade mark classes, the higher the cost.