Intellectual Property Rights - trademarks

Recognised as the UK's first
registered trademark in 1875

The Intellectual Property Office describe a trademark (or "brand") as 'a sign which can distinguish your goods and services from those of your competitors.' Seen usually as a logo, words or a combination of both a trademark should be suitable for the type of trade and be different from those of others. Trademarks have to be applied for and registered with the Intellectual Property Office, and must meet the following criteria:

• They must not be offensive or break the law in any way
• They must be distinctive from any other existing registered trademark
• Marks should not describe the goods or services in terms of their quality, purpose, value, or geographical origin, especially when it is seen that the terms could feasibly be used to describe any other goods / services within that industry
• Marks should not use anything that has become customary within a trade
• The mark should not deceive in anyway, or give a false impression of the goods / services' characteristics or quality
• Marks should not use any emblems that are protected under an international agreement, such as flags (IOP 2011)

The application process involves examining the trademark to make sure it meets the above criteria, and a search to ascertain there are no existing trademarks that are similar to the proposed. Trademarks have to be classified and the applicant must list the type of goods / services where the trademark will be used. There is a fee of £170 - £200 and an additional £50 fee for every extra class used.  Once you have successfully Registered your Trademark it will be published in IOP's journal where anyone can oppose its registration during a 2 month period, and if there are no oppositions the registration is complete and the successful applicant is sent a certificate of registration. Your trademark then becomes your property to sell or licence its use and cannot be legally used without your permission. A registered trademark must be renewed every 10 years.

Trademark symbols
If you have a registered trademark you can use the ® symbol next to it, but it is not obligatory. It is a criminal offence to use this symbol without a registered trademark. The benefits of this are to warn other people that you have your trademark registered and that it is protected by law, putting people off usage without your permission. You can also use the letters RTM, or the words 'registered trademark'.

The use of the ™ symbol simply states that you are using a mark as a trademark but offers no legal protection and does not mean your trademark is registered.


Its worth noting the two other types of trademarks - Certification Marks and Collective marks 

Certification marks act as a guarantee that a product / service meets a certain standard or has certain characteristics. These marks are registered to government bodies, technical institutions or trade organisations.

Collective marks indicate membership of a trade organisation.

Example of trademark disputes
Apple Inc are notorious for rigorously protecting their beloved apple logo taking issue with many company's use of an apple in their trademarks. Their long running legal battles with the Beatles' Apple Corps started in 1978 with the latest iPod and iTunes dispute resolved in 2007. Apple have also been criticised for infringing many existing trademarks themselves.




Bibliography

Intellectual Property Office. (2011)  http://www.ipo.gov.uk/types/tm.htm [15/11/2011]

Keith, Ben.E.(2011) http://www.benekeith.com/beverage/brands/304 [16/11/2011]

Raphael, JR. (05/10/2009) 'Apple's logo lunacy: 5 previous trademark tiffs'. PCWorld  http://www.pcworld.com/article/173131/apples_logo_lunacy_5_previous_trademark_tiffs.html?tk=rel_news [16/11/2011]

Sweney, Mark. (05/02/2007) 'Apple trademark disput resolved'. The Guardian
http://www.guardian.co.uk/media/2007/feb/05/digitalmedia.musicnews [16/11/2011]

Azrights. (29/06/2011) 'Apple under fire again - this time over ibook' http://azrightstrademarkregistration.co.uk/blog/?p=457 [16/11/2011]