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House marks and product names

By Sarah Chatterley.

The best trade marks are those which are totally invented, have no meaning and do not allude in any way to the products or services which are provided. Don’t restrict your business by picking a trade mark or name which is descriptive or which will limit you in future for example LEICESTER DOUBLE GLAZING SERVICES. As well as being difficult to register, a restrictive trade mark may give the impression that "double glazing" is the only product offered and such a geographically restricted name does not provide the opportunity to branch out.

Colour, shape and get up protection

By Sarah Chatterley.

There may be characteristics other than the name of your product that can be protected by a trade mark registration. Good examples are “get up”, colour and shape. Think about what is memorable about the appearance of your products. What part of your product would you be unhappy to see on a competitor’s offering?

Buying, selling, and transferring trade marks

By Sarah Chatterley.

One of the things which is sometimes forgotten, especially within the larger picture of an acquisition or sale of a company as a whole, is that the IP should be transferred as part of, or by an accompanying agreement if the new company owner is to have the benefit of the IP. It is often only discovered that IP is not recorded in the correct ownership when it is needed to stop someone else from using the mark, patent or design. 

Confidentiality agreements

By John Rule.

One of the essential elements of protecting an invention is secrecy. It is vital that you do not discuss any part of your idea with anyone before applying for a patent to protect it. Disclosure (except under certain circumstances) is likely to render a later filed patent invalid and unenforceble because the disclosure may destroy the novelty of your invention. The person that you disclosed your invention to and other third parties could then go ahead and copy your invention with potentially serious financial consequences to your business.

Before discussing your invention or idea with anyone else if it hasn’t been protected by a patent application, and sometimes even if it has, you should have them sign a confidentiality agreement (also known as a non-disclosure agreement or confidentiality disclosure agreement). These are legally binding documents.

How to keep your trade mark in great shape

By Sarah Chatterley.

There are a number of things to remember once you have received your trade mark registration certificate: