5 trademark myths you should avoid

There can be a lot of misconceptions around Trademarks - what does or doesn't constitute legal ownership of a name, logo, or phrase. This consequently leaves the business vulnerable and unprotected.

We asked a trademark experts, The Trademark Helpline, to share their top 5 trademark myths which you should be aware of.

Myth 1: Registering a company name with Companies House is the same as registering a trademark

Registering your company with Companies House does not provide you with any rights aside from preventing someone else registering a similar or identical name at Companies House. A company name solely identifies a legal entity, but does not prevent other people from selling goods or providing services under an identical or a similar name.

To protect your business from others copying your business name, products, or services, ensure that you also register your business trademark.

Myth 2: Registering a domain name equals protection

As is the case with company registration, domain registration does not offer you anything in the way of legal protection.

Legally, in the UK, trademark rights can be acquired through use or trademark registration. It's important to understand how difficult it can be to prove you have acquired Trademark rights through use as well as the significant expense often associated with enforcement.

If you do want to protect your trademark, it is advisable to register your rights as it will save you time and money in the future. A trademark expert can assist you with this to ensure you're fully protected.

Myth 3: ™ and ® both indicate an enforceable trademark

In the UK and Europe, you are allowed to use the ™ symbol to indicate that the mark is of commercial importance to you, however this symbol has no legal significance in the UK.

The ® symbol can only be used to denote a registered trademark, use of this symbol without a registered trademark is a criminal offence. The presence of an ® symbol is an effective determine against trademark violation.

Myth 4: A trademark registered in the UK offers worldwide protection

Trademark protection is territory specific, so registering in the UK only offers protection in the country where you actively trade or promote your business. There are a couple of ways to obtain trademark rights for other countries depending on your circumstance, you can either go through what’s called the Madrid Protocol process or you can apply to individual countries specifically. The Madrid Protocol can cost less than applying separately than for each member country, but this depends on various factors.

It’s important to note that if you are considering doing business outside the UK you should look at the best way to expand your trademark protection. Also, there exists a six month priority period wherein and foreign filings made within this time will be given the same filing date as your UK application.

Myth 5: There's no point in registering, I will never take action against another company for violating my trademark

Trademark registration does not simply protect you from other individuals or companies using your brand, it also protects YOU being prevented from using it. Did you know, if another company registers your mark before you do, that company is within their rights to take action against you for violating their trademark? This essentially locks you out of your own brand. Trademark applications increased by 27.4%, to a total of 137,035 in 2020, which may increase the risk of this happening to you if you don't register.

Conclusion

Trademark registration can be difficult. Protecting your business with a trademark can save a lot of time, money and hassle in the long run. If you are unsure, always speak to a legal expert that specialises in trademark law.

Blog by The Trademark Helpline

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