CB8business&professional
Brand names: Look before you leap
If you are launching a new mark, you could still find yourself likely to be a problem if they
business or product, the brand on the wrong end of an action for trade using their company
that you choose to represent passing off name (the company name on
it is likely to be a key factor in its own doesn’t carry any rights)
whether or not it succeeds. If you
As well as making sure that you
so see if they have a website
get it right, the brand becomes
won’t be stepping on anyone
and find out what you can
a valuable asset that you can
else’s toes, you may want to
about them
include in your balance sheet and
make it as difficult as possible
• search the trade mark
either sell or license others to use.
for someone else to step on
database at www.ipo.gov.uk
If you get it wrong, it can cost you
yours, which means choosing
for registered marks that are
a lot of time, money and potential
a mark that is capable of being
the same or similar to your
goodwill.
registered. Be aware that the
intended mark;
Trade Marks Act 1994 makes
• Google for identical or similar
A good IP lawyer or trade mark it difficult to register descriptive
names to yours (if the search
attorney probably won’t be able names by prohibiting registration
throws up too many results
to help you find that stellar name of marks that are “devoid of any
you may need to add some
which burns itself into the mind distinctive character” or of names
descriptive words to your
of your marketplace (you will that indicate the characteristics
search term). There may be
need to see a branding expert for of the goods or services with
brand names in your market
that) but will be able to advise on which they are associated or their
that have not been registered
whether your brand name is likely geographical origin.
but have nevertheless
to infringe anybody’s rights and to
established a reputation which
what extent it is itself capable of
You should certainly seek advice
you risk passing off; and
being protected.
on the above matters before
taking the plunge but you could
• See if any domain names
If investigation reveals a carry out some initial online
have been registered that are
registered trade mark which is the searches yourself in order to rule
the same or similar to your
same or similar to your intended out obvious non-starters and to
intended mark by searching on
brand and which covers the same get a feel for what is already out
a domain name reseller website
or similar goods and services, you there:
such as http://www.123-reg.
will probably have to go back to
co.uk. If they have then visit
the drawing board. Even if there • use the Webcheck service at
the domains and see if they are
aren’t any conflicting registrations, www.companieshouse.gov.uk
active and what they contain.
if the use of your intended mark to see if there are any limited
would mean you piggybacking on companies with your intended
© Copyright, Dixon Phillips Ltd,
the reputation of somebody else’s name. If there are it is only
October 2009
For effective and affordable advertising email jane@cb8.co.uk 19
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