Lawyers Leicester

Intellectual Property FAQs

What is a trademark ?

A trademark is a type of intellectual property right used to protect symbols, strap lines, sounds, colours and brand names that are associated with a particular business.  Trademarks can either be registered or unregistered.

When can a trademark be registered ?

For a trademark to be registrable, it must have distinctive character.  This can be quite difficult to define sometimes.  If a word has not previously been defined in the dictionary, then it can be registered.  Words which also appear in the dictionary can be registered so long as the word is meaningless in the context in which it is used.  Marks, can also be registered in tandem.  If, for example, your business uses a certain wording alongside a certain logo or symbol, and that usage is distinct, then those two things together might be registrable.

How long does it take to register a trademark ?

Generally speaking, it takes about nine months to register a trademark.  However, if there is a dispute over your application, it could take longer.

How long does trademark protection last for ?

Trademark protections lasts for ten years.  After ten years, you will have to make another application

In what circumstance will trademarks be infringed ?

According to the Trade Marks 1994, “a person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered”  If someone use a sign, symbol or words that are similar to a registered trademark such that the public could be confused between the two, then the owner of the registered trademark has a possible claim.

Can the rights of unregistered trademark holders be infringed ?

The law of unregistered trademarks is quite complicated and is governed by the common law (judge made law) instead of statute law (government made law).  The area of law that governs the wrongful use of unregistered trademarks is called ‘passing off’.  This area of the law prohibits persons from purporting to offer another business’s services or goods as his own or appearing to have an association with another’s services or goods where this is not in fact true.

What does the law of copyright protect ?

The law of copyright protects works of a creative nature, which can include written works, web copy, music and video recordings, paintings, databases, marketing plans and computer code.  The work must be unique.  However, unlike other areas of intellectual property, the law does not place an emphasis on the quality of the works, so copyrights come into existence all the time.

How long do copyrights last for ?

Copyrights last for the life of the author plus an additional 70 years.

Do I need to register a copyright ?

No, copyrights come into existence automatically.