Do we need a trademark?

The United Kingdom is a ‘first to file’ country. This means that the Trademarks Act 1994 allows registration of a trademark
where the applicant intends to use a trademark, but has not actually used it as of the filing date. The system gives priority to the person that is the first to file an application for registration. In general, this allows the first party that files an
application for registration to obtain, for example, trademark rights, even if another trader has used a mark from an earlier date. This trader would have to oppose the application on the basis of an action for passing off. For this reason, it is important to apply for registered rights.In the United Kingdom, trademark rights are protected in two ways – by statute through an action for trademark infringement and by common law by means of a ‘passing off’ action. In order to
obtain statutory protection, a trademark must be registered. Registration is voluntary, but always advisable because it grants an exclusive statutory right to use the mark for the
registered goods and services. Moreover, a trademark registered with the UK Intellectual Property Office (UKIPO) is relatively easy to protect and enforce, and can be renewed
indefinitely. you can speak to us or drop message on www.ipforstartup.com