Trademarks
Author
Discussion

Hoofy

Original Poster:

80,143 posts

312 months

Monday 14th November 2016
quotequote all
Is it important and/or necessary to register a trademark of your business and/or its service?

Say, if I was running a business called Hoofy Happiness and produced a new product to shine hooves called Hoofy Shine, should I get these two things trademarked?

Hoofy

Original Poster:

80,143 posts

312 months

Tuesday 15th November 2016
quotequote all
Daytime bump. smile

Am serious about the question; was reading a fair bit on how to do it last night but still not sure whether it's 100% necessary.

Simpo Two

92,987 posts

295 months

Tuesday 15th November 2016
quotequote all
Everybody is off making gallons of Hoofy Shine in their sheds before you get it registered hehe

anonymous-user

84 months

Tuesday 15th November 2016
quotequote all
Hoofy said:
Daytime bump. smile

Am serious about the question; was reading a fair bit on how to do it last night but still not sure whether it's 100% necessary.
I think it is fair to say it isn't 100% necessary.

My personal view when I was thinking about this for my business name is that it is quite simple to do, it doesn't cost too much if you do it directly rather than use an agent, and it helps in certain ways to prevent problems in the future.

So I decided to do it, but it wasn't super high priority to get it done.

Hoofy

Original Poster:

80,143 posts

312 months

Tuesday 15th November 2016
quotequote all
EddieSteadyGo said:
Hoofy said:
Daytime bump. smile

Am serious about the question; was reading a fair bit on how to do it last night but still not sure whether it's 100% necessary.
I think it is fair to say it isn't 100% necessary.

My personal view when I was thinking about this for my business name is that it is quite simple to do, it doesn't cost too much if you do it directly rather than use an agent, and it helps in certain ways to prevent problems in the future.

So I decided to do it, but it wasn't super high priority to get it done.
Thanks, that's kinda my thinking right now.

Hoofy

Original Poster:

80,143 posts

312 months

Tuesday 15th November 2016
quotequote all
Simpo Two said:
Everybody is off making gallons of Hoofy Shine in their sheds before you get it registered hehe
Yeah, well, that's the thing. If I register it, are they able to then sell it if they've already started selling it?

Simpo Two

92,987 posts

295 months

Tuesday 15th November 2016
quotequote all
Hoofy said:
Yeah, well, that's the thing. If I register it, are they able to then sell it if they've already started selling it?
It probably depends on who has the most expensive solicitors.

What's the most valuable part of 'Hoofy Shine' - the product in the bottle or the name on the label?

anonymous-user

84 months

Tuesday 15th November 2016
quotequote all
Simpo Two said:
Hoofy said:
Yeah, well, that's the thing. If I register it, are they able to then sell it if they've already started selling it?
It probably depends on who has the most expensive solicitors.

What's the most valuable part of 'Hoofy Shine' - the product in the bottle or the name on the label?
I think we need to ensure we carefully differentiate between patents and trademark.

Realistically with a trademark you are just trying to restrict someone using your particular name and style of how you write that name. It doesn't prevent someone from taking your secret recipe and calling it something different or indeed using your name in a different context.

Plus in reality it is hard/expensive to litigate.

An an example, I've used mine a couple of times when competitors were using our company name in their google ads. Because we had a trademark they quickly stopping doing it once I told them I had noticed smile

Hoofy

Original Poster:

80,143 posts

312 months

Wednesday 16th November 2016
quotequote all
Good question. It's more the name than the secret ingredients.

Hoofy

Original Poster:

80,143 posts

312 months

Wednesday 16th November 2016
quotequote all
Any other thoughts? Thanks. smile

deadslow

8,795 posts

253 months

Wednesday 16th November 2016
quotequote all
Hoofy said:
Good question. It's more the name than the secret ingredients.
its so cheap and easy to do - why not? Plus, I do know of someone who trademarked the name of another competing business and tried to stop them trading - was thrown out in the end, but for less then £200 why not go belt and braces?

Hoofy

Original Poster:

80,143 posts

312 months

Wednesday 16th November 2016
quotequote all
deadslow said:
Hoofy said:
Good question. It's more the name than the secret ingredients.
its so cheap and easy to do - why not? Plus, I do know of someone who trademarked the name of another competing business and tried to stop them trading - was thrown out in the end, but for less then £200 why not go belt and braces?
I wondered if someone could do that. Who ends up paying for that legal nightmare?

deadslow

8,795 posts

253 months

Wednesday 16th November 2016
quotequote all
Hoofy said:
deadslow said:
Hoofy said:
Good question. It's more the name than the secret ingredients.
its so cheap and easy to do - why not? Plus, I do know of someone who trademarked the name of another competing business and tried to stop them trading - was thrown out in the end, but for less then £200 why not go belt and braces?
I wondered if someone could do that. Who ends up paying for that legal nightmare?
The guy who tried the 'con' had costs awarded against him, because it was clear in the particular circumstances what he was doing (malicious), but it needn't always be so clear-cut and its thousands of pounds.

Hoofy

Original Poster:

80,143 posts

312 months

Wednesday 16th November 2016
quotequote all
deadslow said:
Hoofy said:
deadslow said:
Hoofy said:
Good question. It's more the name than the secret ingredients.
its so cheap and easy to do - why not? Plus, I do know of someone who trademarked the name of another competing business and tried to stop them trading - was thrown out in the end, but for less then £200 why not go belt and braces?
I wondered if someone could do that. Who ends up paying for that legal nightmare?
The guy who tried the 'con' had costs awarded against him, because it was clear in the particular circumstances what he was doing (malicious), but it needn't always be so clear-cut and its thousands of pounds.
I thought as much; plus you'd have to stump up the thousands trying to protect yourself. I think you've convinced me. Will get cracking tonight.

Thanks, all!

LDN

9,314 posts

233 months

Thursday 17th November 2016
quotequote all
The U.K. TM system is brilliant and intuition will get you through the whole process. My advice would be - pick trademark factors from their approved list - and you can't go wrong. As well if it's a text trademark (I.e just a name you are trademarking and no image of any kind) - general tide seems to go with all CAPS for the word you want to TM.

As well, be clever. Just TM 'hoofy' in your example; and the same TM can apply to the company name and the product. Don't do two seperate applications for 'hoofy co' and 'hoofy juice' - if you see what I mean.

You can apply for the TM as yourself / or as a representative of a company and the company will then be the owner of the TM. There's advantages and disadvantages to both but you can always transfer it later so don't stress about that. For me, I always register them in my own individual name. Whilst it would be an asset of the companies they are for; I like to keep it seperate and, in effect, license the use of the TM to the LTD co.


4x4Tyke

6,506 posts

162 months

Thursday 17th November 2016
quotequote all
It boils down to the value of your 'brand' and likelyhood of passing off of fakes vs the cost.

Hoofy

Original Poster:

80,143 posts

312 months

Thursday 17th November 2016
quotequote all
LDN said:
The U.K. TM system is brilliant and intuition will get you through the whole process. My advice would be - pick trademark factors from their approved list - and you can't go wrong. As well if it's a text trademark (I.e just a name you are trademarking and no image of any kind) - general tide seems to go with all CAPS for the word you want to TM.

As well, be clever. Just TM 'hoofy' in your example; and the same TM can apply to the company name and the product. Don't do two seperate applications for 'hoofy co' and 'hoofy juice' - if you see what I mean.

You can apply for the TM as yourself / or as a representative of a company and the company will then be the owner of the TM. There's advantages and disadvantages to both but you can always transfer it later so don't stress about that. For me, I always register them in my own individual name. Whilst it would be an asset of the companies they are for; I like to keep it seperate and, in effect, license the use of the TM to the LTD co.
Thanks for that.

Not sure the major shareholder of the start up I'm running would be too pleased about the last bit. biggrin

Hoofy

Original Poster:

80,143 posts

312 months

Thursday 17th November 2016
quotequote all
4x4Tyke said:
It boils down to the value of your 'brand' and likelyhood of passing off of fakes vs the cost.
We've got big plans. smile

Simpo Two

92,987 posts

295 months

Thursday 17th November 2016
quotequote all
Hoofy said:
We've got big plans. smile
The respondents to your post are pleased to accept your offer of 5% of the profits each biggrin

Hoofy

Original Poster:

80,143 posts

312 months

Thursday 17th November 2016
quotequote all
Simpo Two said:
Hoofy said:
We've got big plans. smile
The respondents to your post are pleased to accept your offer of 5% of the profits each biggrin
Where shall I post this shiny £1 coin?