Our strategic partner Database Publishing Limited (DPL) are here to assist.
A common misunderstanding is the widely held belief that incorporation of a business name will provide a satisfactory level of brand protection. The fact is, legal precedents suggest incorporation of a business name provides virtually no protection or exclusivity at all. Registration of a Trade Mark however, provides the owner with a Statutory Monopoly for the marks exclusive usage in the class(es) it is registered in. The owner of a registered trade mark can more readily sue for infringement when someone else uses the same, or similar mark rather than relying on more costly proceedings pursuant to the Fair Trading Act, or the common law tort of passing off.
A registered TM provides the highest order of brand protection: i.e. a domain name or simple incorporated company name would not serve as a defence against a Trade Mark action. And the presentation of a Certificate of Trade Mark Registration will generally, motivate an ISP/Telco or media/platform owner to act in favour of the TM owner when a possible infringement is cited. Thus, the more common forms of infringement can be satisfactorily resolved without the need for costly legal/ court costs, which you could also be faced with should another party register your trade mark before you do.
In some business sectors it is prudent to trade mark certain descriptive elements of functionality that can also provide a distinctive marketing edge: ie; The Warehouse is registered as: The Warehouse where everyone gets a bargain.
DPL have handled over 1000 cases over the last 5 years with a 98% pass/win rate.
Specialists in handling everything from listed premier brands to small businesses and start ups DPL will be more than willing to assist
If you would like to know more then please do not hesitate to contact us.
DPL Info Bulletin No: V11/9/1/2012