Cost Effectiveness of Registration
There are costs associated with preparation, filing, prosecution and maintenance of trade marks but in our opinion, given the value and benefit of registration, trade marks are cost effective. For example, the costs for filing a basic UK trade mark application would be in the region of £500 + VAT (assuming that appropriate professional legal advice and assistance is obtained).
However, if registered trade mark protection is not obtained and your trade mark is used unlawfully by a third party then the costs for bringing and succeeding in a claim for passing off (based on unregistered rights) will invariably far exceed the costs which would have been incurred had trade mark registration been obtained and had trade mark infringement actions been available to you instead.
If costs permit, we recommend that you consider seeking registered trade mark protection for all marks (such as brand names, trading names and logos) which you use and deem to be of commercial value to your business and/or whose use by third parties you would wish to object to. Of course, we are mindful of the need to ensure that trade mark protection is cost effective and we are able to devise a trade mark protection strategy for any business no matter its size or budget.
For more information on trade mark infringement, please refer to the Trade Mark Infringement and Enforcement section. For more information on how you can exploit your trade marks, please refer to the How can you Exploit your Trade Mark section.