Trademarks

Trademarks
Trademarks
 

Trademarks

RevoMark is an intellectual property consultancy specialising in all aspects of trademark law. Here are some of the trademark services we provide:

• General trademark advice
• Assistance and guidance in choosing a good name
Trademark searching and availability analysis and reporting
• Devising and implementing brand protection programmes
• Preparing and filing trademark registration applications on a worldwide basis
• Dealing with registry and/or 3rd party objections
• Opposition proceedings
• Revocation proceedings
• Challenges to the validity of registered trademarks
• Trademark infringement and passing off
• Commercial exploitation (licensing, franchising)
• Assignments (transfer of title) and renewals
• Trademark valuations
• Trademark watching and policing programmes
• Trademark portfolio management

RevoMark is owned and managed by Eugene Pienaar, a qualified solicitor, who has significant trademarks knowledge and experience gained from working on the trademark portfolios for many blue chip companies. RevoMark is therefore well positioned to provide sound legal, commercial and practical trademark advice at affordable prices.

Many entrepreneurs and small business owners erroneously believe that company and/or domain name registrations give them registered trademark rights to the use the name registered. This is not the position and neither do they provide any protection against others using your chosen names. The only way to secure statutory rights to a name is to register a trademark.

Trademark registration provides numerous advantages such as:

• Registered trademarks can be used as negotiating tools in business deals as they can greatly facilitate the negotiation of licenses, franchises and the transfer of ownership. In fact the failure to have a registered trademark can often be a ‘deal breaker’.
• Registered trademark can serve as security for financial transactions thereby giving the trademark proprietor more options and greater financial flexibility.
• Registered trademarks are ‘quantifiable’ assets in their own right thereby commanding a presence in a company’s balance sheet. They add value.

However, and more importantly, the commercial and financial consequences in failing to register a trademark can be extremely detrimental to a company. Here are merely a few possibilities:

• It could prevent your ability to expand the business into new geographical regions.
• Unregistered trademarks offer extremely limited protection (and absolutely no protection at all in circumstances where no reputation exists).
• If a third party registers your name as a trademark (before you do) it is possible that the third party could prevent you using your name altogether (depending on the circumstances). They could certainly prevent you from using it outside the area in which you have a reputation (e.g. if you operate in Bristol you will not be able to trade in London, for instance, under the same name (unless you are able to prove that your reputation extends to the London area).

Commercially it is very important to protect your trademark. It is the one feature that distinguishes your company and the goods or services you provide from those of your competitors. Failure to register a trade mark exposes a company to unnecessary risk and for the sake of a few hundred pounds (i.e. the cost of registration) the risk is not worth taking.

Many companies tend to be reactive when obtaining trademark protection and only seek advice after problems have arisen. This is a very dangerous strategy which can result in their trademark rights being severely curtailed and potentially even removed altogether (not to mention the unnecessary legal costs that may be incurred).

Be proactive and register your trademark without delay.

For advice on trademark registration or on how to best protect your trademark/brand call us for a free informal discussion or email us with your query.

www.revomark.co.uk

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