There are basically two types of trade mark in the UK – Registered Trade Marks and Unregistered Trade Marks. While the two are similar in the sense that they both seek to protect the trading names, styles and other elements that distinguish one business from its competitors. There are, however, many differences:
Registered Trade Marks:
- Operate under criminal law which means that infringing a third parties trade mark is a criminal offence
- Undergo a registration process that is managed by the Trademarks Registry in the UK
- Gives a definite date of registration
- Are available for others to find via a search of the Trademark Registry database
- The ® symbol is used to identify a registered trademark. Please note that it is illegal to us this symbol on a trade mark that is not registered.
Unregistered Trade Marks:
- Operate under common law which puts the onus on the owner of the mark to prove infringement
- There is no registration process
- There is no central register that can be searched
- The ™ symbol is used to identify an unregistered trade mark. This symbol is often used as a ‘keep off the grass’ sign, telling others that you are using the trade mark to distinguish your products or services from others.
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