Evolving Brands And Genuine Use Of Trade Mark Registrations

Brands change and develop over time and trade marks are often updated and refreshed. It is important to consider whether a variation in your brand will require you to file a new trade mark application or if your existing registration would extend to protect the variation in your sign.

Firstly, using your trade mark in its registered form is always the safest way in which to use it. This is for a number of reasons, including to help prove genuine use of your registered mark if you ever come to rely on it during opposition proceedings. However, under UK and EU law it is permissible to use your trade mark in a form that differs from the form in which it was registered, subject to the requirement that the distinctive character of the mark is not altered.