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Trade Marks after registration

Your application for a Trade Mark has been successful. You will have been supplied with a certificate which should be kept in some safe place.

A trademark registration is an asset as with other forms of property and various things can be done with it.

Where the trademark is owned within a partnership, on a change of partnership the trademark will need to be assigned along with other partnership assets. If you move address, the Trade Mark Registry must be notified, you may licence other people to use the trademark, or grant a legal mortgage over it. You may wish to alter the trademark and so forth.

In most of these cases you must deal with the trademark with proper legal documentation and there is usually in addition requirement to alter the registration details at the Trade Mark Registry which involves completion of various forms and sometimes the payment of fees.

There is an obligation also to protect the trademark and we advise you clearly that in the event that you discover somebody else using the mark in any way you should normally be firm in insisting that only licensed users have use of the mark. To fail to do this is to allow the depletion of the trademark as an asset.

The trademark registration continues for 10 years at which point it must be renewed. We will not make arrangements to remind of the need to renew, unless you ask us to. A further, lesser, fee is then payable.

We are pleased to assist on any of these issues as the need arises.

Important: Please note that our law-bytes are retained for archival purposes only. The law changes, and these notes are often, now, out of date. You must take direct advice on your own personal situation and the law as it currently stands.
All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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Copyright and Database Rights: David Swarbrick 2012
18 October 2013 334 18 October 2013