| You might have wondered how trade mark | | | | with at least three classes of goods, by different |
| registration can grant exclusive rights to use a | | | | companies, each with their own registered trade |
| brand name or logo, when trade marks like POLO | | | | marks: confectionary; clothing; and automobiles. |
| are used by multiple companies for their products. | | | | Another example is that of the hotly contested |
| The key concept here is that of trade mark | | | | APPLE trade mark, registered initially by two |
| classification. | | | | different companies for different types of |
| Rather than offering universal protection against | | | | products and services. As the computing |
| the unauthorised use of your brand under any | | | | company extended its operations into the |
| circumstances, trade marks are registered against | | | | creative industry, taking advantage developments |
| particular classes of goods and services, and to | | | | in technology, it became engaged in legal disputes |
| maintain trade mark protection you must be able | | | | with the owner of the Beatles' record label Apple |
| to demonstrate that you are using your brand in | | | | Corps. The ensuing lawsuits serve to act as a |
| conjunction with those goods and services. It is | | | | caution, demonstrating the importance of the |
| therefore crucial that your trade mark application | | | | careful drafting of trade mark classifications. |
| is drafted carefully, by specialist service providers | | | | Finally, it is important to note that amending the |
| with experience of the trade mark system. | | | | classifications against which your mark is |
| The classes in which you will need to register | | | | registered will involve filing a fresh application, and |
| depend on your business plan. But care must be | | | | incurring the associated costs. Ideally, if you |
| taken when determining the appropriate classes, | | | | know your business plans well enough at the time |
| as if you register in too narrow an area, and your | | | | you first register your mark, then you may be in |
| business later expands into providing new goods | | | | a position to cover all the business categories you |
| and services, you may find yourself infringing | | | | are likely to need in the short to medium term |
| another person's rights. | | | | within your initial trade mark application. |
| Referred to above, Polo is one of the more | | | | Otherwise, you will need to add subsequent |
| prominent examples used to illustrate the concept | | | | classes later on, necessitating a new application. |
| of classification. It is a mark used in connection | | | | |