Why Trade Mark?

By trade marking your company or brand you are protecting yourself from unauthorized use by others of your mark.

Without a trade mark anyone could replicate your product, brand or company name and could cause you loss of business or damage the reputation of your business.

If this was to happen whilst your company is trade marked then legal action can be taken. If your mark is registered you may sue for infringement under trade marks law. For this to succeed you have only to show that someone else has used a mark which is the same as or similar to your own registered mark on goods or services which are the same as or similar to the goods or services for which your mark is registered.

In certain circumstances the deliberate use of your registered mark on goods/services, by another person and without your knowledge, can be classed as counterfeiting. This is a criminal offence, and criminal proceedings may be initiated under trade marks law by police and Trading Standards Officers. Wherever possible such matters are taken to court and where found guilty custodial sentences are often applied.

Without a registered trademark it is still possible that you can be protected by the law of 'passing off' however, in the absence of a trade mark being registered, this can prove to be a long and much more difficult route and thus a more costly means of gaining satisfaction through the courts.


For a fuller understanding contact Turner Little Limited