How does a trademark work?

How does a registered trademark work?

• Okay, I need to know in simple terms how it works. What is it? How do you get one? How do you know if the name is taken? Can I check? Does it count if for example your idea is KK and there is a restaurant chain called KK but you want to do a shop? How does it work? What happens if someone uses your name/ logo? Any other things i need to know? Please answer according to UK laws and in simple terms. Thank you

• Answer:

  A registered trademark allows you and only you to trade under a certain name/brand/likeness. You can apply yourself through government agencies to register your trademark, but with this you risk objections by other organisations who have trademark already, this may force you to rebrand. Otherwise you can instruct a solicitor to do the search first and advise on whether to register or not, and they can go forward and register for you (this affords some protection if the solicitor makes a mistake). If you tried to start a furniture company called 'Coca Cola', you might have trouble from using the name (more than likely), it depends on what classifications a company has trademarked under. If you have a trademark and someone else tries to register something similar that you feel would infringe your trademark, you can object and stop that person trading closely to your name. There are lots of articles on cases at http://www.trademarkroom.com/readingroom/ and they have great sources for advice.