Protect Your Trademark: The Celebrities Are All Doing It

Many would have heard the recent dispute regarding the trademark for `I AM’, between singers Will.I.Am and Pharell. The two singers are at war over the copyright use of the phrase ‘I AM’. It is thought that the singer Pharell Williams has used `I AM’ when its’ use has been restricted by a registered trademark by Will.I.Am

Pharrell owns a company named I Am Other, using the website iamother.com. His trademarks do not feature full stops between the I and the am, while Will.I.Am’s do, says the lawsuit.

So….

What is a Trademark?

A trademark is something that makes your brand recognizable and a business name is a highly important factor of one’s trade. So without ensuring that your business goes through the correct trademark registration process, there is an element of risk that others can use a name which is similar to yours in their business. This would lead to confusion among consumers and of course mistaken association between the two businesses.

However if such does occur this would result in certain consequences which could prove potentially negative for your business. To avoid such consequences, especially when you have worked hard to establish a good reputation and have built up a good level of goodwill for your business you will want to protect this by registering your trademark.

How do I register a Trademark?

To register a trademark, it must be clearly different from any other trademarks already registered for the same type of products or services. Once a trademark is registered it will last for ten years in the country of registration thereafter you would need to renew it every ten years for it to be a registered trademark and to continue protecting your business. A solicitor can help with the registration process and to ensure all criteria are met.

Why Should I register a Trademark?

A registered trade mark:

may deter other people and/or businesses using your trade mark without your permission
makes it much easier for you to take legal action against anyone who uses your trade mark without your permission
allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark
is your property, which means you can sell it, franchise it or let other people have a licence that allows them to use it.

If you have a registered trade mark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a trade mark that is not registered is an offence.

What if I don’t register my Trademark?

You are taking a huge risk with your business if you don’t register your trade mark even though you may still be able to take action if someone uses your trademark without your permission, using the common law action called passing off. However it is highly advisable that you should always register your trade mark as it is easier to take legal action against infringement of your trade mark, rather than having to rely on passing off.

To be successful in a passing off action, you must succinctly prove that:

you solely own the trademark
you have built up a recognised brand with the trademark
you/the business has been negatively impacted in some way by the other person’s use of the trademark.

It can be very difficult and expensive to prove a passing off action and therefore it is always advisable to have a solicitor appointed from the outset when registering your mark and to advice on protection of your brand and its mark to avoid any complications in your business in the future.