International Trademark

Trademark infringement in the UK can lead to legal disputes, financial penalties, and harm to your reputation. When you are about to start a business, being proactive about not infringing is the way to stay in compliance and safeguard your brand.

Key Steps to Avoid Trademark Infringement

1. Conduct a Comprehensive Trademark Search

Before choosing a business name, logo, or slogan, undertake a valid trademark search on the UK Intellectual Property Office (UKIPO) database. This will confirm your chosen mark does not infringe on registered marks. Search for:

• The same or similar names within the same trade.
• Variations in spelling, pronunciation, or appearance.
• Unregistered marks that may have acquired rights through use.

2. Register Your Own Trademark

For protecting your brand, UKIPO trademark registration is highly recommended. A registered trademark provides exclusive rights and legal relief from others' unauthorised use.

3. Avoid Using Similar or Misleading Marks

Ensure your brand ingredients (name, logo, package, etc.) are sufficiently dissimilar to other trademarks. Infringing risks are high if:

• Your mark is equivalent to a popular brand.
• It relates to similar or closely linked goods and services.
• It can fool consumers into associating your business with some other business.

4. Monitor Trademark Laws and Decisions

Trademark laws and decisions evolve. Watch for developments in the law and industry-specific regulations to stay current.

5. Ask the Law if You Are Not Sure

If not sure whether your name will infringe on someone else's trademark, you can consult an intellectual property (IP) attorney or trademark specialist. Advice from an attorney can minimize risk before you launch your business.

Key Considerations

• Infringement actions can result in lawsuits, financial compensation, and compulsory rebranding.
• Unregistered trademarks may also enjoy legal protection based on earlier use.
• Early trademark clearance and registration can shield your business from impending lawsuits.

In conducting due diligence and securing legal protection, businesses can establish a strong brand and minimize the risk of infringement in the UK market.

Trademarks are a UK business asset that protects brand identity and prevents unauthorized use. Not all things, however, can be trademarked. In determining a trademark application, it is important to have an understanding of what limitations are imposed by the UK Intellectual Property Office (UKIPO).

1. Generic or Descriptive Terms

   The trademark must be distinctive. These are generic words which directly describe an article or a service (e.g., "Fresh Apples" for a fruit shop). Descriptive words and common words in an industry (e.g., "Best Quality") are rejected too unless they acquire distinctiveness by being usual.

2. Deceptive or Misleading Marks

   Any suggestion misleading to the public about the nature, quality, or source of goods or services will be rejected. For instance, a notice suggesting that a product is organic but is not so would be rejected.

3. Objectionable or Illegal Matter

   Objectionable, obscene, or discriminatory words, pictures, or slogans in trademarks are not permitted. Further, marks suggesting illegal conduct cannot be registered.

4. National Symbols and Protected Emblems

   Trademarks involving national flags, royal crowns, official stamps, or protected marks (such as the Olympic rings) without authorization will be rejected. Such marks are within UK law and international agreements.

5. Identical or Confusingly Similar Marks

   A similar or substantially similar trademark to an existing mark in the same trade will be rejected. The UKIPO checks for inconsistency to avoid customer confusion.

6. Functioning Shapes for a Purpose

   Where a shape is defined solely by purpose (i.e., the shape of a tool that is necessary to enable it to be functional), it cannot be trademarked. This exclusion prevents monopolization of functional shapes that need to be put at the disposal of all competitors.

For companies desirous of registering trademarks in the UK, effective search and expert advice can enable them to surpass such constraints successfully. If you require help in company formation and intellectual property protection, it is highly advisable to approach an experienced offshore service provider.

Registering a company logo in Malaysia is a business decision to protect your brand identity and gain exclusive rights over your visual property. With experience handling over 10 years of foreign clients in intellectual property issues, I can guide you through the necessary process in order to assure that your logo is registered lawfully in accordance with Malaysian legislation.

1. Determine Eligibility

Prior to making an application, make sure your logo is unique and can be registered as a trademark under the Trademarks Act 2019. The logo should not be misleading or deceptively identical to existing registered trademarks in Malaysia. The logo may consist of words, symbols, images, shapes, or combinations thereof.

2. Conduct a Trademark Search

A pre-trademark search is highly recommended to ascertain whether there are similar or existing marks. This minimizes the chances of objection or refusal during the application process.

We, as consultants, assist you in conducting a thorough search via the Malaysian IP Office (MyIPO) database to make sure your proposed logo is unique and can be registered.

3. Prepare and File the Application

The trademark application is filed with the Intellectual Property Corporation of Malaysia (MyIPO). Details required are:

• Applicant details (individual or business)
• Clear representation of the logo
• Description of goods/services to which the logo pertains (broken down according to the Nice Classification system)

You can file online or in person. We typically make filings on behalf of clients, where we double-check and follow procedure requirements.

4. Application Review and Publication

Upon filing, MyIPO examines the application for compliance and conflicts. Upon approval, the logo is gazetted in the Government Gazette in an attempt to call for opposition from the general public.

Where no objection is received within two months from advertisement, the application is processed for registration.

5. Registration and Protection

Upon successful registration, the Certificate of Registration will be granted and will confer the owner with sole rights to use the logo in Malaysia for 10 years at first instance, and every 10 years thereafter, subject to no restrictions.

6. Our Support

Being a dependable IP and offshore consultancy firm, we provide end-to-end assistance—ranging from logo checking and classification to trademark search, filing, and follow-up at MyIPO. We ensure your brand assets are secure as per Malaysian standards and your future business plan.

Unless opposed, MyIPO grants a Certificate of Registration, ten years' validity and renewable. Drawing on our experience, we recommend engaging a trademark agent to make this process easier to ensure accuracy and compliance. Registration enhances your brand's legal protection and its value in Malaysia's competitive market.

The process of registering a trademark in Vietnam will be conducted with the National Office of Intellectual Property (NOIP), the governmental authority for intellectual property in Vietnam. Registering a trademark in Vietnam is done as follows:

1. Trademark Search: Look for your trademark to be original and different from similar ones that are already in use.
2. Prepare the Application: Gather the following:
   • Trademark image (logo, wordmark, etc.)
   • Applicant details
   • List of goods/services (based on Nice Classification)
   • Power of Attorney (if using an agent)
3. Submit the Application: File online or in person at the National Office of Intellectual Property (NOIP) and pay the filing fee. Online filing requires a valid Vietnamese digital signature. Foreign applicants are advised to use a licensed IP agent in Vietnam.
4. Examination: NOIP will review your application for completeness and uniqueness (usually 9-12 months, may extend to 14–18 months depending on objections or document amendments).
5. Publication: If approved, your trademark will be published for 2 months for potential opposition.
6. Registration: If no opposition, you’ll receive a Trademark Registration Certificate.
7. Protection: Valid for 10 years, renewable indefinitely.

In the United States, protecting a logo generally involves trademarking rather than copyrighting. Here’s the difference and why trademark is usually the better option for logos:

1. Trademark: Trademarks protect symbols, names, and logos used on goods and services to identify the source of the goods and services and distinguish them from others in the market. Registering a trademark gives you exclusive rights to use the logo in connection with the goods or services listed in the registration. This prevents others from using a similar mark in a way that could confuse consumers about the source or affiliation of goods and services.
2. Copyright: Copyright protects original works of authorship, such as books, music, and art. It automatically applies from the moment the work is created and fixed in a tangible medium. While a logo might qualify for copyright protection as a graphic design or artwork, copyright does not protect aspects like the branding or commercial identity conveyed by the logo. Copyright primarily prevents others from copying or reproducing the copyrighted work itself.

For logos, trademark protection is more relevant because it specifically protects the usage of the logo as a brand identifier in the marketplace. By registering a trademark for a logo, you ensure that you have legal recourse to prevent other businesses from using logos or similar symbols that could potentially mislead consumers by implying a false association with your brand.

To trademark a logo, you typically need to file an application with the United States Patent and Trademark Office (USPTO), demonstrating that the logo is being used in commerce or you have a bona fide intention to use it in commerce. The process includes a search to make sure your logo does not infringe on existing trademarks, and public notice of your trademark application to allow others the chance to object if they believe your trademark could infringe on their rights.

In the United States, the type of intellectual property that is most appropriate for protecting a company's logo is a trademark. Trademark law is designed to protect symbols, words, and logos that distinguish goods and services from one company from those of another. Here’s how it works for logos:

• Trademark Protection: By trademarking a logo, a company secures exclusive rights to use that logo in connection with its products or services. This helps prevent other businesses from using a similar logo in a way that could confuse consumers about who actually provides the goods or services. Trademark protection is aimed at avoiding consumer confusion and protecting the reputation and brand identity of the company.
• Registration: Trademarks can be registered with the United States Patent and Trademark Office (USPTO). Registering a trademark gives the owner stronger protection, including a legal presumption of the owner's exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
• Enforcement: Once registered, the trademark owner has the legal authority to enforce their rights against other parties who might use a similar mark in a way that causes confusion. This can include suing for trademark infringement.

Trademark protection is the most effective way to safeguard a company logo and ensure it remains a unique identifier for the business.

The business opportunity that includes obtaining licenses to utilize a brand name is commonly known as diversifying. In a diversifying course of action, a person or company (the franchisee) gets the rights to utilize a brand name, trademarks, commerce demonstration, and working framework of an set up company (the franchisor) in trade for a starting expense and progressing sovereignties.

I. Key Components of Diversifying:

1. Brand Recognition: Franchisees advantage from the built up brand name, which can pull in clients and give a competitive edge within the advertisement.
2. Bolster and Preparing: Franchisors ordinarily provide training and back to assist franchisees succeed. This could incorporate help with location determination, showcasing, and operational direction.
3. Trade Show: Franchisees work their trade concurring to the franchisor's set up commerce demonstration, which has been tried and refined.
4. Showcasing and Publicizing: Franchisors frequently handle national or territorial showcasing campaigns, which benefits all franchisees beneath the brand.
5. Starting and Progressing Expenses: Franchisees pay an beginning establishment charge and continuous eminences based on a rate of their deals.

II. Illustrations of Establishment Businesses:

1. Quick Nourishment Chains: Brands like McDonald's, Metro, and Burger Ruler are well-known illustrations of establishments.
2. Retail Stores: Companies just Like the UPS Store and 7-Eleven offer diversifying openings.
3. Service-Based Businesses: Numerous benefit businesses, such as Molly Servant (cleaning administrations) and H&R Piece (charge administrations), work as establishments.

III. Benefits and Challenges:

1. Benefits:

• Set up Brand Name: Moment acknowledgment and client dependability.
• Demonstrated Trade Model: Diminished hazard of disappointment with an attempted and tested trade demonstration. Preparing and Bolster: Persistent back and preparing from the franchisor.

2. Challenges:

• Introductory Costs: Tall starting speculation and progressing sovereignties.
• Restricted Control: Franchisees must follow the franchisor's rules and rules.
• Legally binding Commitments: Official understandings that can constrain adaptability and require adherence to strict operational standards.

Diversifying may be a prevalent business opportunity that permits business visionaries to use the victory of a built up brand name whereas working their own trade. In any case, it requires cautious thought of the budgetary and operational commitments included.

Trademarking a logo in the United States of America involves costs, which depend on application type, filing method, and optional attorney assistance. For this purpose, the USPTO has three kinds of applications: TEAS Plus, TEAS Standard, and TEAS RF, each serving different fees. The least expensive is the TEAS Plus application with a fee of $250 per class of goods or services; however, it requires that the description of goods and services be more specific in form, as well as that an applicant must agree to receive communications from the USPTO online. The counterpart application is the TEAS Standard application, which costs $350 per class but allows flexibility in describing the goods or services-in other words, an increased fee.

Read more: United States of America Trademark Registration

The added costs generally range from $1,000 to $2,000 when you select the services of a trademark attorney to assist in the application process. A lawyer is not required, but it will be advisable, particularly in a case where there are difficult legal issues related to the process. An attorney minimizes the risk of errors in the application process that could delay or even jeopardize your application to register a trademark.

Of course, additional costs may arise depending on the circumstances. For example, if you don't plan on using your trademark immediately, you will have to file a "Statement of Use," which has a fee of $100 per class. If it takes more time to meet all the conditions, you will also be charged for extensions at a similar rate. Trademarks must also be renewed every ten years following registration, or else they become abandoned.

In all, the cost of trademarking a logo in the USA can start from a basic filing fee of $250 for a TEAS Plus application and run into several thousands of dollars once attorney fees and other contingencies are factored in. This investment will help to protect your logo against unlawful use in view of recognition and legal rights of the brand.