How can you say that something belongs to you? Here this could be anything with the company logo and name, a word, phrase, design, symbol, images or any combination of these elements, or in short a trademark. The term trademark is used to refer to a distinctive word or device used to identify goods or services. In the United kingdom when the mark is used in relation to services rather than products, and it is sometimes also called the service mark.
Trademark registration of a UK mark comes from either actual use of the mark, or submission of a proper application for registration of a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in trade regulated by the Congress. It is important to understand that federal registration is not necessary to establish trademark rights, neither is it necessary to begin using the mark. But if you get the registration it can provide benefits beyond the rights than you can acquire from mere use of a trademark.
The application must be submitted by you or your lawyer in your name as a trade mark owner and may be categorized as an individual, corporation or partnership application. You can submit and process your own application or you may be represented by a trademark attorney. But asultimate the owner of a mark, you ultimately control the nature and quality of products or services branded by the mark.
Your lawyer can apply for federal registration in three main directions. Firstly, if you have already begun using the mark in commerce, the london lawyers should file a "use" application. Second, if you have not yet used the mark, ask your lawyer for a program of intent to use application. Finally, under certain international agreements, trademark applications outside the UK may be filed in the UK based on an application or registration in another country. But a UK registration provides protection only in the United kingdom and its territories, and thus to protect the brand in other countries, you must seek protection in each country separately under relevant laws.
The trademark rights can be divided into two types, namely the right to register and the right to use, which are linked. The first party to file an application for a mark in the Patent and Trademark Office (PTO) has a presumedentitlement to the trademark registration. The Patent and Trademark Office is limited to determine the right to registration alone. On the other hand, the right to use a mark may be more complex to determine.
If use is the basis for register a trademark, the use of that mark in commerce must be a bona fide use in the ordinary course of time and not merely designed to reserve a right in a mark. Also the use of a mark in purely local commerce within a state does not make the grade as "use in commerce" for the purposes of federal registration. It is essential to consult with uk trademark lawyers to understand the law properly.
In addition to trademarks and service marks, other types of marks under the Trademarks Act are certification marks, collective marks and service marks and trademarks in joint common ownership. To claim the rights in a mark one may use the TM (trademark) or SM (service mark) designation of the mark to alert the public of the application. As it is not necessary to obtain registration to use this symbol (or to use this symbol if registration is obtained), a mark used under these indicia may or may not be legally enforceable. However, the registered trademark symbol (®), can be used only where the mark is registered in the Patent and Trademark Office.
I know that the whole process and all the above definitions seem very complicated. The use of trademarks is very important for a business, as it is a step that helps build brand recognition. Therefore, it is always important to hire a trademark lawyer to guide you through registering your trademark and any brand loyalty associated with that mark so that there are no legal difficulties.