TRADE MARKS Introduction; Use; Registration; Product Marking; Foreign Applications; Community Trade Mark (CTM) Registration; International Trade Mark Registration (Madrid Protocol); Novelty/Timing; Searches.
	Novelty/Timing There are no novelty requirements for trade marks, and previous use by the owner is often an advantage rather than a disadvantage because the mark can become distinctive by use. However, in many jurisdictions including the UK the "first to file" has the best claim to a trade mark and so it is wise to secure protection before you use if only to prevent others registering the name in the meantime. As with other forms of protection it is wise to file early. For trade marks (including service marks), passing off and licensing, contact Ian Smith in our Bristol office.