Trade marks are registered through an application form at the relevant intellectual property office (e.g. EUIPO). Such application must fulfil several requirements in order to be registered. Namely, the sign must be:
- Distinctive – think of the extraordinary aspect in respect of the products/services to be traded with that sign and in respect of other trademarks that have been previously registered. Distinctiveness may also be translated as the uniqueness of a brand. It is what makes you immediately recognise a sign, even when it is slightly modified.
- Non-deceptive – you have to be honest with consumers. LACTOFREE would be deceiving consumers if it designated products containing lactose, and therefore the trade mark examiner at the intellectual property office would not allow its registration.
- Available – it cannot be previously registered for the same or similar goods/services. You will not be able to register the term ADIDAS for shoes as it is already registered by another company.
- Non-descriptive – it cannot designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services.
- Cannot be against the public policies or accepted principles of morality – brands that are contrary to public policies or accepted principles of morality cannot be registered as trade marks. Here you can think of any curse words in any language and words and combination of words that evoke immoral behaviour.
What are the benefits of registering a trade mark?
A brand is so to say the “image” of your business, and is how your target customers recognise you in the market. Your brand may as well be the most valuable asset in your business. Registered trade marks come in play to protect the value of your brand and defend it against competitors, who may be trying to take advantage of your goodwill. Moreover, a trade mark defines the scope of your rights, the protection those rights confer upon you and puts your competitors on notice. On the other hand, it also gives you a “weapon” with which to fight counterfeiting and fraud.
Ownership gives exclusive rights over the brand to buy, sell, rent, license, and give, while refraining others from a commercial use without authorisation. As you can see, ownership is the father of revenue generation and brand protection.
