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Trade marks protect several different things. Trade mark owners have an exclusive right to prevent others from using their mark in the course of trade but trade mark protection is territorial in nature. In other words, the scope of protection of registered trade marks is limited and depends on the place of registration. For example, national trademarks do not protect the owner of the trademark in the whole European Union or any other country different than the one where it was registered. 

Besides the specific territory, trade marks are registered for specific goods and services. The exclusive right offered by the trade mark is linked to these specific goods and services and is known as the “principle of speciality”. Simply put, you may use your trade mark for the goods and services you applied for but other businesses, which are not in competition with you, may use the same or similar trademark for their own business as long as there is a peaceful coexistence in the market. The most important condition here is that consumers are not confused by the two trade marks and can easily detect they are owned by two different and unconnected businesses. For example, have a look at the following trade marks, would you be confused?

 

 (registered for computers)           (registered for cosmetics)

 

An exception to this rule is where the trade mark is so famous or reputed and the use of a similar trade mark, no matter the goods and services, would take unfair advantage of said reputation. 

Unlike other IP rights, trade marks can be renewed indefinitely. Each renewal adds 10 years of protection. However, there are a number of different ways in which trade mark protection can end. For example, during the first five years after registration there is no obligation to use the mark. After this initial period, lack of genuine use can lead to cancellation of the mark. Also, a trade mark can still be declared invalid if, after registration, an absolute ground for refusal is identified or where peaceful co-existence on the market is no longer possible.

The scope of ownership rights is broad, but some use by others is allowed, for example for private purposes only.