TRADE MARKS Introduction; Use; Registration; Product Marking; Foreign Applications; Community Trade Mark (CTM) Registration; International Trade Mark Registration (Madrid Protocol); Novelty/Timing; Searches.
	Use When sufficient use has been made of a name, typeface, logo, colour scheme, trade dress or other distinctive mark, the owner acquires rights in the form of reputation and goodwill which is enforceable against others to prevent them using confusingly similar names, designs, colour schemes etc in such a way that consumers are deceived or misled into thinking that the products or services are in some way related to the owners. Provided the owners can demonstrate that they are damaged by such activity, they can bring an action and secure an injunction and possible damages to prevent further use of the confusingly similar mark or "get up". This common law right of "passing off" (protected under “unfair competition” laws in other countries) suffers from the disadvantages that it takes time to acquire the reputation, often a number of years, and to bring an action evidence must be produced to demonstrate that you own that reputation and, furthermore, that the manner in which the other party is using their mark is likely to cause confusion. Nevertheless the protection is valuable, requires no formalities or fees to be paid and arises automatically when the mark is used in trade For trade marks (including service marks), passing off and licensing, contact Ian Smith in our Bristol office.