Trade mark protection
If you use a name, logo, slogan, domain name, shape, colour or music to help your customers tell you apart from your competitors, this is a trade mark, and you may be able to protect it.
Why should I register my trade mark?
If you register your trade mark, you can take legal action under trade mark law against anyone who uses a trade mark that is the same or similar to yours on goods or services that are the same, or similar to yours.
To be registered a trade mark must be:
- distinctive for the goods and services you apply for
- not deceptive, or contrary to law or morality
- not similar or identical to any earlier marks for the same or similar goods and services.
If your trade mark meets these requirements, you may be able to register it.
What happens if I do not register?
If you do not register your trade mark, you can take legal action if someone uses it without your permission, under the common law of passing off. However, legal actions for passing off can be lengthy and expensive, because you must prove that you have built a reputation in your trade mark, show there has been confusion, and show that this has harmed your business.
Check the Trade marks area to see if a registered trade mark meets your needs.
