Why should I register a Trade Mark?
Once a trade mark is registered, for example at the UK Trade Marks Registry or at the Community Trade Marks Office
A registered trade mark can prevent the registration of a confusingly similar trade mark. For example, the UK Trade Marks Registry can cite an earlier registration against a later application, and an existing registration can also provide a basis for the trade mark proprietor to oppose the later application if this were accepted by the Registry. Furthermore, once an application has been made to register a trade mark, the trade mark details are kept on a publicly available database and can be uncovered in a trade mark clearance search, which may prevent others from adopting the same or confusingly similar trade mark.
Because the UK and most other countries operate a "first to file" system for registered trade marks, it is very important to apply to register a trade mark at the earliest opportunity in case someone else obtains a conflicting registration which would block an application for the trade mark, or which the trade mark would infringe. Registration of a trade mark provides a defence to infringement of another’s registered trade mark. Ideally, an application should be made well before the launch of a product or service bearing the trade mark.
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