Park Name Protection

Ailsa Pemberton

Ailsa Pemberton

A trade mark is basically a method of distinguishing the good/services of one organisation from another. An unregistered mark may be protected by passing off rights but the burden of proving a reputation, confusion and actual damage is often difficult. A safer way to protect a trade mark is registration.

In order to become registered a mark must comply with some basic principles:

  • It must be describable.
  • It must be distinct.
  • It should not be entirely descriptive and should not indicate type, quality, quantity, intended purpose, value or geographical origin.
  • It must not be amoral, deceptive, illegal, in bad faith, nor be a protected emblem.
  • It must not already exist for the same goods/services.

All in all, coming up with a new trade mark is a difficult process. But successful brands can be extremely valuable. Try thinking of a world without the brand names Coca Cola, Google or Sky.

Park names are potential trade marks. There are many names in use which would not be sufficiently distinct to distinguish one park from another, e.g. wood side, tall trees, sunny bank, etc., and many use location to distinguish themselves, e.g. York Holiday Park. However, if a Park has an individual name, e.g. Grumblefree Hollow, it is worth considering registering that name as a trade mark.

The benefits of registering your name as a trade mark are many, here are a few:

  • The registration gives you a right to stop others using the same or confusingly similar mark on the same or similar goods/services.
  • You can stop someone using your mark as keyword/metatags to divert internet searchers.
  • You could register a stylised name and prevent someone using a logo which has the same look and feel as your registered mark.

Imagine being able to take full control of your unique name, building the business around it and increasing the value of your business in the process. All this can follow a successful registered trade mark and it is then worth the initial relatively small investment.

Alisa Pemberton
Solicitor
Holiday and Home Parks Department
APemberton@LawBlacks.com
0113 227 9260

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