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Trade Marks - Your Differentiators

In the modern business world, trade marks play a vital role in distinguishing your brand from the brands of your competitors. Brands provide your marketing edge.

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A trade mark may be a word, phrase, device, packaging get-up, product shape, combinations of these, or indeed, almost any aspect of branding that serves to differentiate your products and services from those of your competitors. A well chosen trade mark:
  • distinguishes your products or services from others in the marketplace, and

  • is a memorable symbol for the reputation of your business and quality of your products or services.

A company or business name registration is not a trade mark registration and does not confer any ownership of rights. It is a common misconception that business and company names are “the same thing” as trade marks. They are quite different. Registration of a company or business name satisfies the legal obligations of carrying on business under that name. On the other hand, a trade mark is your “brand”, and registration of your trade mark provides strong, enforceable rights.

 

What can a trade mark attorney do for you?

Your trade mark advisors can provide valuable assistance at the time of choosing a new mark, will provide strategic advice for searching and filing, and will simplify the registration process for you.  Expert assistance provides peace of mind.  Our trade mark group is available to provide a full trade mark portfolio management service including:

  • advice on brand creation and trade mark filing strategies

  • trade mark clearance searches to determine the availability of trade marks for use and registration

  • filing, prosecution and registration of trade marks

  • filing, prosecution and registration of foreign trade marks (using our network of overseas associates) and International Registrations using the Madrid Protocol system

  • trade mark opposition, non-use and revocation proceedings

  • negotiation and settlement of trade mark disputes

  • investigation searches and advice on infringement

  • post registration maintenance

  • due diligence, audits and portfolio reviews, and

  • customs watch programmes.