Use trade marks in your business

Respect other people's trade marks

If you're thinking of selling goods or services using a trade mark you should first check you're free to use it. The penalties for using somebody else's trade mark without their permission, intentionally or not, can be severe.

If somebody has already registered a trade mark you're using, or one similar to it, you could find yourself being sued for infringement. You could end up being subject to a restraining order as well as being ordered to pay considerable damages and costs.

In some circumstances, you could even face a criminal charge of counterfeiting. This carries an unlimited fine and up to ten years' imprisonment.

It is now possible to register a trade mark that is the same as, or similar to, an existing trade mark providing the owner of the earlier trade mark does not object. It is still advisable to carry out a search first and to take professional advice.

Even if the trade mark you're planning to use isn't registered, someone already using the mark or one similar to it may be able to take a passing off action against you. You could have an injunction served against you and face paying costs and damages.

Carrying out a search

You can check whether a trade mark is registered by searching the database on the Intellectual Property Office website - Opens in a new window. However, this has a number of limitations and can't be used to determine conclusively whether a conflicting trade mark exists. Search for a trade mark by text or image on the Intellectual Property Office website - Opens in a new window.

In addition, searching this database for registered trade marks won't help you find out if someone is already using the mark unregistered and can claim a right to it in common law.

You can also seek professional advice:

• search for a trade mark attorney on the Institute of Trade Mark Attorneys (ITMA) website - Opens in a new window
• find a patent attorney on the Chartered Institute of Patent Attorneys (CIPA) website - Opens in a new window

This is particularly advisable if you're thinking of registering a trade mark.

Subjects covered in this guide

• Introduction
• What is a trade mark?
• How to register a trade mark
• Registering a trade mark outside the UK
• Defend your trade mark
• Respect other people's trade marks
• Trade marks and domain names
• Here's how I deal with trade mark infringements
• Here's how I protected my idea with a trade mark (Flash video)

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