Trademarks
If you create something then you gain protection under the Copyright laws from others using it or passing it off as their own idea. If you create something for "a brand", you can gain extra protection by Trademarking it. Each country has their own trademark rules, so protection int the UK does not mean protection in the USA.
Any new UK trade mark must be unique and can include the following:
- Words
- Sounds
- Logos
- Colours
- A combination of the above
You can register your trade mark to protect your brand, for example the name of your product or service, or a slogan such as: The McDonalds logo and the phrase "I'm Lovin it", and The Nike tick logo and the phrase "just do it"
Once you have registered a trademark you can then:
- take legal action against anyone who uses your brand without your permission, including counterfeiters
- put the ® symbol next to your brand - to show that it’s yours and warn others against using it
- sell and license your brand
The following content is not eligible for a UK trade mark application:
- Offensive content e.g. something containing swear words or inappropriate imagery
- A term that directly describe the goods or services it relates to e.g. the word ‘food’ could not be part of a trade mark for a food production company
- Misleading terms – such as the word ‘organic’ being used for goods that aren’t organic
- A three-dimensional shape that’s directly associated with your trade mark for the shape of an egg is used for eggs
- A term that’s too generic and non-distinctive e.g. a simple, common statement such as ‘we’re better than the rest’
- Images that look too similar to state symbols such as flags or hallmarks
