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Your trade mark or brand name is an important asset. It distinguishes your product or service in the market from those of your competitors. It should be distinctive, with positive connotations, and which is memorable for your customers. A well-chosen and well-protected trade mark can acquire considerable goodwill and value. A poorly chosen or poorly protected one can lead to expensive litigation and/or rebranding.

Trade mark registration is separate and distinct from the incorporation of a company with Companies House or the registration of a domain name. Owning a company name or domain name gives no right to use either in the course of trade and as part of your branding and no rights to enable you to stop others using a similar brand name and registering the trade mark before you.

Registration of a trade mark protects your important business asset, giving you the right to prevent others from using and registering the same or a similar mark.

Most countries have their own trade mark registry and, since registrations can last indefinitely, it is vital to check that your new mark is not similar to something already registered in each country where you wish to trade. Once you know that your mark is available, it should then be registered as soon as possible.

Trade mark registrations can be vital when licensing, franchising or selling your business. They can also be helpful in securing loans or attracting investors who will want to see that you have protected your business.

At MW Trade Marks we assist with:

• The selection of new trade marks;
• Conducting clearance searches to ensure your proposed mark has not already been registered;
• Devising a cost-effective registration strategy to protect your business and future plans;
• The registration of trade marks in the UK, EU and worldwide;
• Reporting on similar marks via a trade mark watching service;
• Oppositions against similar trade marks;
• Reviewing, consolidating and improving trade mark portfolios;
• Maintenance and renewal of trade mark rights;
• Enforcing and defending trade mark rights;
• Licensing and exploitation of trade mark rights;
• Providing infringement advice;
• Assisting with due diligence on IP rights.

Design protection is available for the shape and other features of your goods and their packaging or decoration and  can even extend to brand logos. There are two types of design rights – registered and unregistered design rights.

Registered design rights give longer and broader protection. Registration is quick, simple and cost-effective. It is useful for designs which are likely to be used for the foreseeable future rather than a purely one-off or seasonal design.

Unregistered design rights come into existence automatically but last for a shorter period and give narrower protection than registered design rights. They are useful for protecting one-off or seasonal designs.

In the UK/EU a grace period of one year allows you to  test  whether a design is sufficiently successful to warrant registration but this grace period is shorter or even non-existent in other countries. For example, in China a design must be registered BEFORE it is made public (sold or advertised) anywhere in the world.

A design registration for your logo protects it from copying irrespective of the goods on which it appears and there is no risk of your registration being cancelled if you do not use it for a period of time.

At MW Trade Marks we:

• Advise on the relevance of registered and unregistered design rights to your business;
• Devise strategies for the use of registered and unregistered design rights to protect your business;
• Advise on clearance of designs for your use;
• Register, maintain, renew and enforce your designs;
• Ensure that your chain of title to your important designs is clear;
• Advise on licensing and exploitation of your design rights.

Copyright provides protection for literary, artistic and musical works. Copyright may reside in trade mark logos, designs and decoration of goods and packaging, website content, typefaces, get-up of stores, marketing material, brochures and photographs, computer software, customer lists and databases.

Copyright comes into existence automatically and lasts a long time (life of the author plus 70 years). The ownership can be complex, and most businesses do not realise that they need to take an assignment of copyright in works that they commission agencies to produce.

It is essential therefore for businesses to ensure that they own the copyright in works they use and that the details of the creator and date of creation are carefully recorded to assist with the enforcement of the rights against copying.

At MW Trade Marks we:

• Advise on the relevance of copyright to your business;
• Devise strategies for using copyright to protect your business;
• Ensure that your chain of title to your important copyright works is clear;
• Advise on licensing and exploitation of your copyright work.

We can help you secure trade mark and design registrations throughout the world in a cost-efficient manner.

At the international level, there are two options for filing a trade mark or design application: 1) to either file a separate application with the relevant intellectual property office of each country that you intend to use your mark in or 2) use the World Intellectual Property Office (WIPO) Madrid System (provided you meet the qualifying conditions).

Utilising the Madrid System is likely to reduce costs as one application can be submitted to WIPO designating your chosen countries, many of which charge nominal official fees in comparison to individual national filings and local attorneys are not required for problem-free applications. In some countries, it may also be quicker to file through the Madrid System as WIPO imposes a time limit on the Member States to examine your trade mark or design application.

There are currently over 100 WIPO Member States. If you intend to use your mark in a country that is not a signatory to the Madrid Protocol, we will use our international partners to assist us in filing a national application.

At MW Trade Marks we assist with:

• Advising on the appropriate cost-effective strategy for your marks;
• Preparing and filing trade mark and design applications at WIPO;
• Corresponding with our international partners where national applications are necessary;
• Reporting on similar marks via a trade mark watching service;
• Oppositions against similar trade marks and designs;
• Maintenance and renewal of trade mark and design rights;
• Providing infringement advice;
• Enforcing and defending your intellectual property rights;
• Assisting you in exploiting your IP rights through licensing, franchising and assignments and sales or acquisitions.

A domain name for a business is a trade mark used on the internet and so should be cleared and registered in the same way as traditional trade marks. Using a domain name that has not been cleared could infringe a registered trade mark.

The registration of a domain name, without corresponding trade mark protection, gives no right to use the domain name as a trade mark and no rights to stop others using similar names.

At MW Trade Marks we assist with:

• The selection of new domain names;
• Devising a cost-effective registration strategy to fit with your business;
• Conducting clearance searches for new domain names;
• Registration of domain names in the UK and worldwide;
• Reporting on similar marks via a domain name watching service;
• Domain name disputes;
• Maintenance and renewal of domain name rights;
• Acquisition of domain name rights from others.