A trade mark helps your customers identify you by distinguishing the goods and services of your business from those of your competitors. Moreover, trade marks may fulfil other functions such as advertisement or goodwill, encapsulate your mission and values, and turn your business into a really valuable asset.
From a legal point of view, a trade mark is any sign, capable of being represented graphically and may take the form of a word, image, logo, colour, shape, pattern, motion or a combination of all those. In some countries the mere use of a trade mark is enough to give you ownership rights, but in most cases it is highly advisable to register it. Registration gives you the most solid ownership rights against infringement and misuse, as well as certainty in the scope of such protection.
It is essential not only to register your trade mark but also be the first to register it. Trade mark registration systems operate on a first-come first-served basis and you may end up in a situation where you are not able to use your trade mark because someone else registered it before you.
Registration is possible, first of all, at national or regional level before the local intellectual property office (e.g. SPTO in Spain, UKIPO in the United Kingdom, BOIP in the Benelux countries, or USPTO in the United States). In Europe, applicants also have the option of filing with the EUIPO with a view to obtaining a European Union Trade Mark, which affords ownership rights in the whole of the European Union. Finally, it is possible to file an international application with the World Intellectual Property Organization and get a registration valid in various countries around the world.
Want to know more about trade mark registration? Check out our post “How can I register a trademark?“.
