trade mark
A distinctive symbol that identifies particular products of a trader to the general public. The symbol may consist of a device, words, or a combination of these. A trader may register his trade mark at the Register of Trade Marks, which is at the UK Intellectual Property Office (see patent). He then enjoys the exclusive right to use the trade mark in connection with the goods for which it was registered. Any person or firm that has a trade connection with the goods may register a trade mark. For example, he may be the manufacturer, a dealer, importer, or retailer. Under the Trade Marks Act 1994 (and EU directive 89/104 in the EU), registration is initially for ten years; it is then renewable. Trade marks can be registered for ever. However, the right to remain on the register may be lost if the trade mark is not used or is misused. The owner of a trade mark may assign it or allow others to use it. If anyone uses a registered trade mark without the owner’s permission, or uses a mark that is likely to be confused with a registered trade mark, the owner can sue for an injunction and damages or an account of profits. Unregistered marks are protected by the law against passing off. Since 1 April 1996 it has been possible to obtain European Union Trade Marks (formerly known as Community Trade Marks). These are cheaper than trade marks obtained by registration in several individual EU states. On 1 January 2021 European Trade Marks for the UK were automatically redesignated as UK trade marks, as the former ceased to apply in the UK. Trade marks are an example of intellectual property.
https://www.gov.uk/topic/intellectual-property/trade-marks
• Advice on applying for and managing trade marks from the Intellectual Property Office
https://www.citma.org.uk
• Website of the Chartered Institute of Trade Mark Attorneys: includes an introduction to trade marks and other forms of intellectual property
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