How do you use Trademarks and are you really protected?

Do you think that you would want to protect a product or business name as a 'Trademark'?

Most people in business have heard the term ‘Trademark’ and will have seen TM or an R symbol in a circle next to a company name or product logo. But what do these symbols mean?

• TM Symbol
 ™ means that the business owner is using that company/product name, and/or accompanying logo design icon as a company trade mark, it does not mean that their logo design trade mark has been ‘registered’ as a trademark.

Anyone can use the trade mark symbol and by doing so it helps to establish ‘common law’ trade mark rights which offer a level of protection to the creator or business owner. Common law can potentially stop others from abusing or using your trademark if you think you can prove that the mark is yours. Have you built up a business reputation using this mark or name? If the other person’s use of your mark or name harms your business then you could legally pursue them to stop them using it. This can be a tricky and expensive business though and proving it requires lots of research by expensive legal types!

• R Symbol
. The 'registration' symbol ® can only be used by a company or product name and or logo design once it has been applied for and registered as a trademark, giving the owner of the mark a lot more protection. To use this symbol when your mark has not be registered is a legal offence.

'Registering' a trademark means you have the exclusive right to use the mark for the products and/or services that it covers in the UK, - putting the ® symbol next to your name acts as warning to others against using it. Once you have done this you can also take legal action against anyone who uses your mark without permission. If you win, Trading Standards Officers or Police are able to bring criminal charges against them.

A registered trade mark is a company asset and is your property, this means you can sell it or licence it to others. Once registered your trade mark will be in place for ten years. You will then be allowed to apply to renew your trade mark for a further ten years.

If you are interested in registering a trade mark you should probably visit and read through the Intellectual Property Office - http://www.ipo.gov.uk/types/tm/t-applying.htm. You can also register the name here. You can apply to register a trademark yourself which is quite simple to do. You can also hire a trademark lawyer to take care of the application, this could be useful if you think you might come up against any opposition or difficulties.