Introduction

Trademark protection allows the owner of a distinctive device (such as a word, logo or slogan) to obtain the exclusive right to use that mark in the sale of goods or services.

A carefully selected and managed trademark can become a valuable business asset. As customers learn to value and trust a trade mark, they may be willing to pay more for a product or service bearing that mark. This enables a business owning a quality trademark to stand out in the marketplace and gain a competitive edge. This is particularly likely where the consumer has become enamoured with the quality of its produce. A just reward for producing a quality product, and for carefully marketing it therefore, is the enhanced profitability that comes with being regarded favourably by the public.

Distinctiveness

With registration, it becomes possible to prevent others from using or attempting to register similar or identical trade marks. Indeed, the mere fact of trade mark registration is likely to dissuade other traders from attempting to pass off their goods as being in some way associated with the trademark owner’s business. Where this deterrent effect is not enough, it is of course possible to take legal action against troublesome infringers, to ensure the cessation of their potentially damaging activities. (more…)

Personality merchandising basics

Trademark registration is not only useful to protect a business brand in the classic sense of a logo or slogan. There are many factors at play when a consumer chooses to side with a certain product or service, including the extent to which a consumer values the opinions of others. For example, imagine someone who is looking to purchase a new set of golf clubs. Many people in this position choose a certain brand over another because it is the brand that their favourite player uses on the course and endorses in golfing magazines. This sort of influence can be extremely powerful, which is why sports personalities command significant sponsorship fees. By protecting elements of their name and image through trademark registration, these personalities are able to restrict the ability of companies to use their reputation without consent, and thus ensure its continued commercial value.

Personality merchandising is the name given to the industry that has developed around using the name and image of a person to endorse and promote goods and services. There is an obvious appeal in using a name and image from the business’s perspective. The advertising industry spends billions of dollars to help its clients stand out in a crowded marketplace. But when celebrities and other well known individuals at the top of their fields offer a ready-made consumer following, the risk involved in developing an advertising campaign afresh can be reduced. (more…)

Introduction

This post explores the issue of domain names and trademarks. In particular, it looks at how best to protect the value in a business’s domain name. The unavoidable truth is that trademark registration is the most prudent way forward. The discussion will refer in particular to the registration process for English domains and the protection afforded under UK / EU trademark law, but the issues will certainly be of interest to those with a domain name registered anywhere in the world.

What is a domain name?

A domain name is what allows a website to be found on the internet. So, for example, the website for Humphreys & Co. Solicitors is identified by humphreys.co.uk. Often, the portion of the website address taken up in this case by ‘humphreys’ equates to a registered or unregistered trademark of the party making use of the domain name (as it happens, HUMPHREYS & CO is a registered trademark of Humphreys & Co. Solicitors). (more…)