Q: How do I protect a trade mark?
May 13 2009
Answered by: Marc Barber Ask a question
You will need to register with the Patent Office. To be eligible for registration, the mark must be distinctive. A made-up word or a new symbol would be considered distinctive. Ordinary words would not; although after a number of years, with the advertising you put behind such a trade mark and the reputation for the product and business that you build up, the mark can acquire distinctiveness. Consumers will now recognise what was formerly an everyday word or name as identifying your product.
Registration entitles you, and only you, to use the mark. It gives you the right to take action against someone else to prevent their using it.
You can also obtain an EU-wide trade mark effective in the member states of the EU by applying to the Community Trade Marks Office.
There are also some simple steps you can take to help to protect the mark yourself. For example, put TM beside the mark when you use it in advertisements or sales literature. It can also help to include a sentence like ‘Microtops is the trade mark of Matthews Computer Stores.’
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