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Trademarks The term ‘Intellectual Property’ comprises a number of separate rights which protect different parts of a business. One of those IP rights that can serve as a valuable marketing tool for the business is ‘Trademarks’. A trademark has been defined in the UK legislation as ‘…any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other’. Therefore a trademark could be in the form of words (including personal names), designs, letter, numerals or shapes of goods or their packaging. An essential feature of a trademark is that it should be distinctive enough so that there is no confusion in the mind of the public about the nature of your product or services. Trademark is a monopoly right and it does not matter whether or not the defendant is aware of the existence of the mark as long as it has been used without the owner’s consent. There is no requirement to prove damage or loss in order to obtain the remedies under the Trademark Act 1994. Businesses should consider registering their trademarks at the IPO. Registering a trademark provides the businesses with added protection in respect of a product or service that they have worked hard over the years to establish or develop. A trademark can be registered for ten years, after which time it can be renewed indefinitely. Sonali Khanna Solicitor, Business Law Department |