UK: How are logos protected under UK trade mark law?

In UK law, logos may attract both copyright and trade mark protection. You can enforce trade mark rights in your logo against other third parties who seek to register or use a similar design or logo to market or sell a similar product or service. Logos can be protected under UK trade mark law in two ways:

1. Unregistered trade marks: Unregistered trade mark rights arise automatically and can be enforced under the common law tort of "passing off". Enforcing unregistered trade mark rights is much harder than enforcing a registered trade mark. You must be able to demonstrate that you have established 'goodwill' in the business associated with the trade mark and that an infringing third party has caused you to suffer loss or damage as a result of "passing off" their products or services as being yours.
2. Registered trade marks: Registering a trade mark with the UK Intellectual Property Office ("UKIPO") is advisable as it provides the owner with certain advantages over relying on unregistered trade mark protection. Registration provides the trade mark owner with nationwide protection over its marks and a presumption that those marks are valid. It also acts as a deterrent to infringers. Owners can also use the ® symbol in connection with the trade mark once registered. Note that using the ® symbol in connection with unregistered trade marks is a criminal offence in the UK.

Trade mark rights generally run for as long as a trade mark serves the purpose of identifying the source of a product or service, but registered marks in the UK have a 10-year term (with unlimited additional 10-year renewal terms).

Before you file a trade mark for your logo design, you may want to consider whether your logo will change over time or if it is distinctive enough to gain registered trade mark protection. If you file for a design mark or logo, you are unable to make any material changes to it after it is filed with the UKIPO. Therefore, if you are unsure if your logo design will be used on a long-term basis, it may be worthwhile to file for the standard word mark or brand name first.

You also need to make sure that you own the rights to the logo design before you make a trade mark filing. If an employee of the company creates the logo design in the course of their employment, the company likely owns the rights to the design. If you use a freelance designer or a branding agency, you should ensure they validly assign ownership of the IP in the logo design to your company under the terms of their contract.

Learn More:

• UK Founder Series: Protecting Your Ideas
• Trade Mark Services Information

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