There's a trade mark for that!

Apple has been awarded a trade mark for its slogan “There’s an app for that”. The trade mark relates to the tagline developed by Apple in relation to applications that can be downloaded to various Apple products.

A trade mark is a sign that can be represented graphically and can distinguish goods and services of one business from those of a competitor. It can be made up of words, numbers and/or logos.

In the UK, a slogan may be registered as a trade mark if:

• it distinguishes the goods and services of one business from those of another;
• it is distinctive;
• it is not made up of signs; and
• it does not describe the goods or services or their essential characteristics.

Where accepted, registration of a UK trade mark is granted by the Intellectual Property Office and lasts for 10 years. To maintain your trade mark protection you must renew the registration every 10 years after that.

If you have a registered trade mark, you can use the “®” symbol next to it to show that it is registered. It is an offence to use this mark unless your trade mark is registered. However, if your trade mark is not registered, you can use the “™” symbol next it.

So why register your trade mark? Having a registered trade mark should put people off using your trade mark, as it allows you to take legal action against anyone who uses your trade mark without your permission, and it is something tangible that you can sell or licence to other people.

If you do not register your mark, you may still be able to take legal action if someone uses your mark without your permission under the law of passing off. However, it can be expensive and difficult to prove an action for of passing off.

Apple will no doubt seek to restrict the use of “There’s an app for that” by rival companies to protect the commercial value in the trade mark, particularly given Apple’s history in protecting such intellectual property rights.

If you would like to know more about trade marks and their registration please contact the Commerce and Technology Team. 

Written by Shelley Marshall a Solicitor in the Commerce and Technology Team.