Common misconceptions about trade marks

Here are some of the most common misconceptions about trade marks, and what you should know instead.

1. "I’ve registered my company name, so I’m protected."

This is one of the most common misunderstandings. Registering a company name with Companies House (in the UK) does not automatically grant you trade mark rights.

Registering your company name with the Company Register can stop third parties registering identical company names, but it does not stop them from using an identical or similar name in the course of trade or obtaining registered protection for an identical or similar trade mark. 

Registered trade mark rights, however, gives owners enforceable rights to stop third parties using and registering identical or confusingly similar trade marks (as well as identical or confusingly similar company names), for identical or confusingly similar goods/services. 

To summarise, a registered trade mark can stop both use and registration of identical or confusing similar trade marks AND company names, but a registered company name ONLY prevents another third party from registering an identical company name with the Company Register.

2. "I’ve registered my domain name, so I’m protected."

Owning a domain name doesn’t equal trade mark ownership either. While having the domain is important for your online presence, it doesn’t prevent others from using a similar domain name or even registering an identical or similar trade mark. In fact, if someone else registers a trade mark that conflicts with your domain name, they could even try to stop you from using it. Therefore, it is prudent to secure trade mark rights early on.

3. "I’ve been using by brand name for many years now so I’m protected and fine to use it."

It's a common belief that long-term use of a brand name guarantees protection, but this isn’t always the case. While you may acquire unregistered rights through use (referred to as "common law" rights) these are often limited in scope and can be difficult and more expensive to prove/enforce, especially outside your immediate geographic area. 

If another party registers a similar or identical brand name, they may be in a stronger legal position, even if you’ve been using your brand for years. Registering your trade mark helps secure your rights and can help avoid costly disputes down the line.

4. "My mark is fine as long as it’s slightly different."

Many businesses think they can use a similar name or logo as long as it's spelled differently or looks a bit different. In reality, what matters is the risk of likelihood of confusion!

Therefore, if your brand name/logo is sufficiently similar to an existing registered trade mark covering identical or similar goods, you could still face potential infringement issues.

5. "I’ve registered my trade mark in the UK so have protection overseas.”

Trade mark rights are territorial, meaning they only provide protection in the countries or regions where the trade mark is registered or has been granted legal recognition.

If you wanted to extend protection outside of the UK, you need to file for registered protection in those territories. As discussed in my article Going global: how to keep your brand safe worldwide this can be done by either direct national filings or the Madrid Protocol system. 

Conclusion

Understanding how trade marks actually work can help you make smarter decisions about your brand and avoid legal pitfalls. Whether you’re launching a new product, rebranding, or expanding internationally, it’s worth taking the time to get proper advice and ensure your brand is properly protected.