TRADE MARK USAGE - Shepherd and Wedderburn

Trade Mark Usage
The primary role of a Trade Mark is to designate the origin of a product
or service. Trade Marks should be used in a manner that reinforces their
distinctive character and highlights their significance as a designation of origin.
Correct use of your Trade Mark is of particular importance when a mark has
descriptive connotations or when a mark is to be applied to a novel product.
Distinctive character
Where the Trade Mark appears in an unstylised format, you should display the mark
Trade Mark in title case (at least) and preferably in block capitals:
EVIAN or Evian
The Trade Mark should wherever possible be used in a combination with an
appropriate descriptive term. This is to prevent the Trade Mark being referred to in
a descriptive sense:
VOLVIC is refreshing
VOLVIC water is refreshing
Find refreshment with PERRIER
Find refreshment with PERRIER water
The Trade Mark should never be used in the possessive form as follows:
Correct: HIGHLAND SPRING’S success
The success of HIGHLAND SPRING water
The ™ symbol indicates to others that you are aware of and willing to defend your
Trade Mark rights. The ® indicates that the mark is registered. It is a criminal offence
to use the ® unless the mark is registered.
As such, where an unregistered Trade Mark appears (whether in stylised or
unstylised format) it should display the symbol:
Once the Trade Mark achieves registration the ™ symbol can be upgraded to an ®:
Assertion of proprietary rights
Your promotional material and website should include clear statements of
ownership and rights to use your IP assets.
The website terms and conditions for use should include a clause setting out your IP
rights as detailed overleaf.
“ Your Company Limited owns all intellectual property rights in and to this
website and the products and the promotional material displayed in it including
text, images, graphics, logos, layout, look and feel, animations, software,
Trade Marks, and other material underlying and forming part of this website
and/or the services.
MUDDY WATER ® is a Trade Mark owned by Your Company Limited. Except
where otherwise specified, any word or logo to which the ™ or ® symbol
is attached is also a Trade Mark of Your Company Limited. No use may be
made of any of these Trade Marks without our prior consent in writing.
The following statements of ownership should also be displayed
on each page of your website and also on any printed material:
© Your Company Limited 2014
MUDDY WATER ® is a Trade Mark owned by Your Company Limited.
Any third party Trade Marks used on your own website should be
accompanied by an appropriate acknowledgement of ownership, such
CLEARWATER ™ is a Trade Mark of Their Company Limited.
Please note this guidance provides you with general principles.
We would be happy to review any website or printed material and provide specific
to protect the value of all Trade Marks.
“ Applying basic guidelines is important
For more information on Trade Mark Protection please contact:
Paul Carlyle
T +44 (0)207 429 4937
E paul[email protected]
Ashley Jess
T +44 (0)131 473 5755
E [email protected]
Carole Wood
T +44 (0)131 473 5166
E [email protected]
Condor House
10 St. Paul’s Churchyard
London EC4M 8AL
T +44 (0)20 7429 4900
F +44 (0)20 7329 5939
191 West George Street
G2 2LB
T +44 (0)141 566 9900
F +44 (0)141 565 1222
1 Exchange Crescent
Conference Square
Edinburgh EH3 8UL
T +44 (0)131 228 9900
F +44 (0)131 228 1222
1 Berry Street
AB25 1HF
T +44 (0)1224 343 555
F +44 (0)1224 343 545
Shepherd and Wedderburn LLP is authorised and regulated by the Law Society of Scotland and the Solicitors
Regulation Authority (with number 447895).