“I’m sure we’ve done the trade mark!” I hear this all the time - and the one thing it tells me for certain is that the person is not “sure” at all!
Trade marks are the legal assets which hold a business’ reputation. If I ask any business whether they care about their reputation, it’s a simple and resounding ‘yes’. However, there’s not the same confidence, knowledge or understanding when I ask whether they have taken steps to protect the trade marks used by the business.
What is a trade mark?
A trade mark is anything which allows customers to identify a business and distinguish it from its competitors. Normally, we’re talking about:
- the business name;
- the main logo; and
- product names.
Goods and Services
Trade marks need to be protected for the correct goods and services. For example, if I protect the mark NorthLink in relation to trains and cars
– that’s not very helpful for the ferry company. It sounds obvious but I’ve been working in trade marks for over a decade and I’ve seen some howlers! The scope of goods and services needs to be captured properly – and reflect the current and future uses of the relevant mark.
Territories
If a trade mark is protected in the UK, that’s great for any issues which arise in the UK – but if an issue arises in Norway or the Middle East, the UK registration doesn’t count for much, if anything. Trade mark rights are jurisdictional – so wherever your key commercial territories are - is usually where we recommend you consider registered trade mark protection.
The main risk is that a third party uses your name (or similar) in the same industry, resulting in diverted business to the ‘fake you’ and damage to your reputation. In addition, the ‘fake you’ could, in some circumstances, prevent you from trading under your own name in that country.
Offshore and Energy Transition Sector
We are seeing a growing number of clients move from a traditional oil and gas offering to incorporating renewables into their operations. We know that businesses are innovating – but if the trade mark registrations are not being given fresh consideration, they may no longer be fit for purpose. That is if the marks have been protected at all!
New markets and opportunities are opening up because of the innovation in offshore wind – but these opportunities are in different countries to traditional oil and gas activities.
Conclusion
The issues of pursuing suitable trade mark protection affect all commercial fields but we think there are key factors impacting the Offshore and Energy Transition sector.
I encourage you to check (and check again in 12 months’ time) that you have suitable trade mark protection across the business. If you aren’t sure, or know your ‘brand protection strategy’ needs an update, please do contact us.
Caroline Pigott, Trade Mark Director, HGF Limited, cpigott@hgf.com