5 things you should know about trademarks & branding. dr kerry beynon, jcp solicitors

5 Things You Should Know About Trade Marks / Branding.Thursday, 8 May 2014

Dr Kerry BeynonHead of Intellectual Property

1. Branding is as Branding Does

5 Things You Should Know About Trade Marks/Branding.

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“A brand is a 'promise of an experience' and conveys to consumers a certain assurance as to the nature of the product or service they will receive”

(UK Intellectual Property Office)

Branding is powerful: it has the power to influence culture

2. Just because...


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•Registered at Companies House

•Have a domain name

•Thought of your business branding / logo yourself & did not copy it from anyone else

3. What do I need to do to protect my business brand?


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•Apply to register a trade mark•Think carefully about:

•Message you want to communicate to your potential customers

•Territory. Where will you trade in next 5 years?•Does your word mark have a different meaning in a different language?

•Carry out searches to see if there is anything out there identical or similar to your potential branding

4. Requirements for registration


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•Must not be descriptive of products or services

•Must not have become customary in your line of trade

•Must be distinctive •Must not be deceptive, promote illegal activity etc

•Cannot be a protected emblem / International Non-proprietary Name for Pharmaceutical Substances

4. Requirements cont...


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Trade marks can be:•Words•Logos•Shapes•Music

•Case studies


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•Use it or lose it•Failure to monitor trade mark once registered

•Failure to properly protect branding in commercial agreements

•Making unjustified threats•Paying fake invoices!

5. Common pitfalls!


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Make anappointment tospeak with a solicitor!

Dr Kerry BeynonHead of Intellectual Property01792 [email protected]

5 things you should know about trademarks & branding. dr kerry beynon, jcp solicitors

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