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If you own a well known trade mark that has been used extensively in a particular category or categories of goods or classes, and it is likely that the use of the same trade mark in another category would make customers believe there is a connection, then you may wish to register a defensive trade mark.
Defensive trade marks can be used to prevent customers seeing a link between two companies which have no connection.
Why Register A Defensive Trade Mark?
Registering a defensive trade mark can protect your brand’s reputation, so it is not accidentally associated with another business.
Another important reason to register defensive trade marks is to prevent the general public from being misled or confused.
Why Register A Normal Trade Mark?
Trade marks that are not defensive can be lodged by anyone, even if your business is brand new and has not yet established a reputation.
The most obvious benefit of registering a trade mark is to protect your brand’s reputation and as a general form of intellectual property protection.
Through registering a trade mark, you’re also creating an asset with its own rights. If you want to expand your business into other countries, registering a trade mark in the UK is also a necessary first step before you can register your trade mark overseas.
Can Anyone Use A Defensive Trade Mark?
Defensive trade marks are designed to be used by very well known brands that have already registered distinctive trade marks. These brands should have trade marks that have already been extensively used.
So if you’re a small business starting out, you don’t need to worry about defensive trade marks just yet!
What’s The Difference Between A Defensive Trade Mark And A Normal Trade Mark?
Trade marks ordinarily need to be used to be valid. If trade marks aren’t used, they can be challenged on the basis of non use.
Defensive trade marks however, don’t need to be used at all, and are designed to be a protective measure for your well established and well known trade mark.
The Takeaway
Applying for any type of trade mark can be a confusing, not to mention convoluted process! You can contact the Intellectual Property Office (IPO) directly if you would like to apply yourself, or if you would like a lawyer’s help anywhere along the process, whether guiding you through what class to register in, or actually applying on your behalf, you can contact Sprintlaw to speak with our Intellectual Property lawyers.
Get in touch at 08081347754 or via email at [email protected] for a free, no-obligation chat.
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