To make sure you don’t lose rights in your trade mark, you must use it correctly. This means that you should always use it as if it was an adjective and not as a substitute for the usual word for the goods or services it covers. It is also a good idea to show that it is a trade mark by using the symbol TM (or ® or “Registered” if, in fact, the mark is registered). You should always prevent other people from using your trade mark incorrectly. For example, if you notice that someone is using your trade mark instead of the usual word for the product in a trade directory, you should make sure they stop.

The law also provides remedies in the case of trade mark infringement. These remedies include damages, the seizure of goods and material to remove offending marks, cessation of infringing acts and the surrender of unlawful profits. Under certain circumstances there are also criminal remedies. You should always take action very quickly. A trade mark attorney can give you advice on the best way to act if you think your mark is being infringed and also how to act if someone accuses you of infringing their mark.

It is usually the best policy to register your trade mark in every market in which you intend to sell your goods or services. There are various international conventions covering trade marks which can assist in the process of obtaining broad international protection for your marks. Most notable are the Office for Harmonisation in the Internal Market (OHIM) which is the European Union’s Trade Mark Office and the Madrid Protocol which is administered by the World Intellectual Property Organisation (WIPO - a specialised United Nations Agency). However, the process can be complicated and costly: you are well advised to obtain professional advice from an attorney in these matters since it is easy to go wrong.

A trade mark attorney is a person who acts before the United Kingdom Trade Marks Registry to secure registrations of marks. Trade mark attorneys can also give you advice on adopting suitable trade marks, using them and on conflicts between marks.
If you wish to file an application at the European Union’s Trade Mark Office (OHIM) and you wish to use an attorney, you should appoint someone who is on the list of official representatives kept by that Office.
The protection and use of trade marks is a complex area of law, so you should ensure that you use a suitable adviser. Most firms of patent attorneys (sometimes referred to as patent agents) are also trade mark attorneys; mixed firms of patent attorneys and trade mark attorneys also exist; and there are a few firms dealing exclusively with trade marks.
By law, there is a register of trade mark attorneys who have studied and been examined in the UK and overseas trade mark laws. The Chartered Institute of Patent Attorneys (CIPA) provides a list of its members; in this list the abbreviation “RTMA” against the names indicates registered trade mark attorneys.

Select a firm of patent attorneys from the Institute's Directory of Patent Attorneys, or book an appointment at one of the clinics held around the country.

Pages such as these are intended to give broad general information. If you need advice about a particular matter, you should seek advice from an attorney. The Chartered Institute of Patent Attorneys, as a body, can take no responsibility for anything done or not done as a result of reading these pages, or those referred to by hyperlinks from these pages.