Why Brand Rights Matter

A brand is a legal asset

A brand distinguishes one business's goods from another's. It tells customers who you are. The more valuable the brand, the more the business depends on the legal rights that protect it.

A registered trademark gives its owner a clear, provable right and entitles the owner to use the ® symbol. That clarity makes the right easier to enforce, license and value.

Using another person's trademark

Under the Trade Marks Ordinance 2001, using another person's trademark as your own is unlawful. Businesses that adopt a name without checking whether it conflicts with an existing right take on that risk.

Rights built on reputation

An unregistered trademark can still have legal value. Where a business has used a mark over time and built a significant reputation in it, the law of passing off may allow it to stop others from using the same or a confusingly similar mark, whether or not that mark is registered.

This page is general information about the law and is not legal advice.