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- Legal Updates
- Case Law
- Branding FAQs
- What is a trade mark?
- What trade marks can be registered?
- What legal rights does a registered trade mark give me?
- How long does a trade mark registration last?
- How can I get foreign trade mark protection?
- Does writing TM after my logo give me any protection?
- When can I use the registered trade mark symbol?
- My company is registered, do I need to register my trade mark?
- I have registered a domain do I still need to register a trade mark?
- Someone registered a domain using my trade mark, what can I do?
- Can I register a trade mark on a name used by someone else?
- Someone registered a trade mark that I have right to, what can I do?
- A competitor has infringed my trade mark registration: what should I do?
- A competitor is using my trade mark to attract visitors to their website: what can I do?
- I am making my business into a franchise operation: should I register my trade mark?
- Registering a name that someone else has rights to in a different industry
- Once I own a trade mark registration, do I have to use it?
I want to use a product name which I think is a trade mark owned by someone else but I don’t think they use it any more: can I just go ahead and register the trade mark for myself?
Unless you know for sure that a mark is not registered then you should seek professional advice from a trade mark attorney, who can conduct investigations and advise how to avoid any potential trade mark dispute. For example, if the mark is registered but is no longer needed by the third party, it may be possible to purchase the registration, or alternatively to apply to have it cancelled.
