A Closer Look at...Trade Marks
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Look up at the stars ... not down at your feet. Why do I mention this? I will get to that below, but these words are part of a registered multimedia trade mark of someone very famous.
Lots of us do pub quiz rounds on brands and trade marks. They have sunk into popular culture and into our imagination. They are everywhere but we often don’t think about them. What are brands, and what are trade marks and why are they important to us?
A brand is the emotional attachment we have to a product or service. That brand is protected when it is registered as a trade mark.
We easily identify famous brands such as the golden arches and name of McDonald’s, the jingle of DANONE, and the particular colour of purple used in DAIRY MILK. Brands rely on the protection offered by trade marks and in particular registered trademarks:
- to distinguish themselves in crowded marketplaces,
- to create brand loyalty, and
- to reassure customers.
Would you give baby food to your baby without knowing and trusting where it came from? Would you put tyres on a car just labelled ‘tyres’ without a label like GOODYEAR, CONTINENTAL, PIRELLI?
So, what are trade marks and how can they be protected?
A trade mark is a
- unique, recognisable sign, design or expression,
- which identifies products or services
- of a particular source from those of others.
A trade mark becomes a brand when it embodies your values, and when your customers speak your values back to you.
It is usually a distinctive name, word, phrase, logo, symbol, design, image, or a combination of these. Less conventional trade marks include those based on colour, smell, and sound. There are exceptions. Trade marks cannot be offensive, for example, or look too similar to state flags or hallmarks.
To protect your trade mark it is important to register it e.g. at the UK or EU IP Offices, as this allows you to stop others from using your mark or a similar mark on the same or similar goods or services as yours. To keep it registered you should use the mark in trade and renew it (every ten years). It is important to seek advice from a registered professional such as a Chartered Trade Mark Attorney.
Once your trade mark is registered, you can place the ® symbol next to it. You will be able to defend it, particularly from counterfeiters, through legal action, and sell and license it. If you use your mark before it is registered, be careful as you may find out it belongs to someone else and you may have to stop using it. Also, keep in mind domain and social media names as you may need to obtain these also to match your brand.
The branding of a business represents the human side of its interaction with customers, the bit that builds brand loyalty and a following. A registered trade mark allows a brand to protect its investment and reputation and, ultimately, generate revenue.
You can learn more about trade marks on the gov.uk website and on the Chartered Institute of Trade Mark Attorneys (CITMA) website. Once again, there is an excellent infographic by the 4ip Council. Links below.
Back to one of our favourite registered trade marks from the estate of Professor Stephen Hawking at the EU IPO. Go to the section on sound marks and have a listen to this multimedia trade mark – in this case a famous sound bite:
https://euipo.europa.eu/eSearch/#details/trademarks/017975948 You will have to copy this link to your browser – it is worth it.
https://www.gov.uk/topic/intellectual-property/trade-marks
https://www.4ipcouncil.com/4smes/4-reasons-4-trademarks
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- IP
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