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HOW LONG CAN A REGISTERED TRADEMARK

BE KEPT IN FORCE?

Indefinitely. A trademark is registered for ten years and can be renewed every ten years. On 31st October 1994, the renewal fee was set at ₤250 for a single class plus ₤200 for each additional class covered by the registration, but the current fee should be checked with the Trademarks Registry.

ARE THERE ANY OTHER COSTS?

You are advised to obtain professional help. If you use a Trademark Agent or a Patent Agent then their fees will have to be added to those payable to the Patent Office.

 

 

DOES A TRADEMARK HAVE TO BE IN USE

BEFORE IT IS REGISTERED?

No. Trademarks which are already in use can be registered, as well as trademarks which it is intended to put into use.

 

 

CAN A TRADEMARK BE REMOVED FROM THE REGISTER

BECAUSE IT IS NOT IN USE?

Yes. If a registered trademark has not been used for a period of five years, an application may be made by a person to have it removed from the Register. In such a situation the onus is on the owner of a mark to defend the registration by demonstrating use of the mark on the goods and services for which it is registered.

 

 

DOES UK REGISTRATION GIVE PROTECTION ABROAD?

No. But a UK application or registration can be used as the basis of an application for an international registration covering any or all countries signatory to the Protocol to the Madrid Agreement.

 

 

CAN THE PATENT OFFICE HELP EXPLOIT A

REGISTERED TRADEMARK?

No. The Patent Office cannot provide any financial or other support since this would directly conflict with the Trademarks Registry’s role as an impartial body for the registration of trademarks and the maintenance of the Trademarks Register.

 

 

ARE USERS OF TRADEMARKS REQUIRED

TO REGISTER THEM?

No. Registration is not compulsory, but, without registration, an owner of a trademark cannot bring an action for infringement to protect the mark. Suing for infringement of a registered mark is much simpler than launching a common law action for passing off to protect an unregistered mark.

 

 

WHY ARE INFRINGEMENT PROCEEDINGS

SIMPLER THAN PASSING OFF PROCEEDINGS?

In infringement proceedings, trademark users can base their case simply upon their certificate of registration. In passing off proceedings, owners can only succeed if they can demonstrate to the court that they have established a reputation in their mark; that the use complained of as passing off would be likely to confuse or deceive the public; and that use would be likely to damage the owner’s business and goodwill. Traders are therefore advised to register their trademarks where possible.

 

WHAT USES CAN A REGISTERED TRADEMARK BE PUT TO?

By distinguishing your goods or services from those of other businesses, a trademark is probably the single most valuable marketing tool that most companies

can have.


Exercises

Part 1



· WHAT IS A TRADEMARK?

· ARE ALL TRADEMARKS REGISTRABLE?

· WHAT RIGHTS DO REGISTERED TRADEMARKS BRING?

 


Date: 2015-12-24; view: 838


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