A registered trade mark is the form of protection given for ‘any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, which are capable of distinguishing the goods or services of one undertaking from those of other undertakings' (EU Trade Mark Directive definition).  A registration is the best way to protect a valuable brand name.  But where a mark or name is unregistrable it can still attract protection as an unregistered mark.

Trade mark rights are predominantly national in nature but the Community Trade Mark system, which came into operation in mid-1996, now enables business organisations to secure the exclusive right to use a trade mark in all the member states of the European Community, by registering it as a Community Trade Mark (‘CTM').  The existing national registration systems continue to operate and national registrations continue in force unaffected, but the CTM system allows businesses which are going to be operating in several Community countries to file one central registration.  This dramatically simplifies the task of maintaining an effective and up-to-date portfolio of registrations.

For further information on trade marks please click here to see the section on Trademark and Domain names some Frequently Asked Questions.

© Davenport Lyons 2003.  All rights reserved

This document reflects the law and practice as at May 2003.  It is general in nature, and does not  purport in any way to be comprehensive  or a substitute for specialist legal advice in individual circumstances.