Do we need a trademark?

It is always recommended to protect your brand name by trademark registration and not relying solely on common law.

I would opt for registration - there are a multitude of advantages for a registration as opposed to fair use. The first thing that you should do is to have a TM/SM search performed so as to determine if anyone else is using your proposed TM/SM or anything similar thereto. If you clear that hurdle, then I would initiate the registration process as soon as possible. Consult a TM/SM professional in the UK.

The United Kingdom adopts a "first to file" system, meaning that if a third party files your trademark before you do, they will have the right to it. Given this and several other reasons, it is strongly recommended to file your trademark in this jurisdiction. If you need any more information you can always visit our website, search google for igerent.

Kind regards,
Martin

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