With so much technological advancement in additive manufacturing (AM), many businesses are already aware of the benefits of securing patent protection to give them a competitive advantage. But trade marks are also an important tool in the intellectual property toolkits for businesses in the sector.
There are a number of reasons for this:
- As costs for producing 3D printers decrease, they become more accessible to the general public, beyond just hobbyists. The general public are accustomed to making purchasing decisions based on the reputation of brands around them and often choose products based on the trade marks used for these, so ensuring that you have robust trade mark protection in place is vital.
- 3D printing and additive manufacturing are growth areas with new players entering the market all the time. Where there is increased competition, having a strong brand name that consumers recognise gives a valuable competitive advantage.
- Whilst the sector is aware of the potential of counterfeiting, when it comes to the printing of objects that infringe third parties’ intellectual property, there is clearly scope for counterfeiters to produce low quality and inferior counterfeits of 3D printers, polymers and additives themselves, which could have serious consequences for the safety of consumers, and the reputation of brands. Trade mark protection is a really important tool in the fight against counterfeiting and is the cornerstone of most businesses’ Anti-Counterfeiting strategies.
Here are some tips for businesses in the AM sector to consider when looking at new trademark protection, or when revisiting their existing portfolio:
Brand Names : Check that the brand names used for your business and products are registered as trade marks. Consider whether protection for the word mark, logo, slogan, product packaging, shape of the product is a priority. The ideal is to protect the aspects of your brand identity that differentiate you from your competitors. If your 3D printer, polymers, metal powders etc. have names that are specific to your offering and that you would prefer your competitors not to use, it is worth considering trade mark protection for these.
Territories : Trade mark protection is territorial so when deciding where to protect your trade marks, you should prioritise countries where you are currently selling and manufacturing your products and any territories that are on the horizon in the next few years. If there is a concern about counterfeit goods, consider filings in any “high risk” countries too. Look to put together a strategy for the timing of your applications to suit your activities and to help manage the budget.
Goods and Services : When you file a trade mark application you file for the particular goods and services that are of interest to you under that trade mark. Focus on covering both what you are doing currently under the mark and also try to future-proof where possible to minimise the need for future trade mark applications.
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Searches : Before entering a new market or expanding use to new goods/services, have legal searches conducted to check whether there are any third parties already out there with trade mark registrations that could pose an issue for your use and registration. Doing so early in the process can save considerable time and money, especially if any clear “knock-outs” are revealed by the searches!
Strategy and review : Create a trade mark strategy document, setting out the decisions you have made in relation to 1-4 above and the reasons behind these, so that the business can look back and see why certain decisions were made. Review both the document and your trade mark portfolio regularly with your trade mark attorneys to ensure that it remains robust and fit for purpose.
Sam Collins is a Partner in the Oxford office at Marks & Clerk LLP, a firm of patent and trade mark attorneys with eight offices across the UK. As an associate member of Additive Manufacturing UK (AMUK), the trade association for the UK AM industry, Marks & Clerk can offer tailored advice on all aspects of intellectual property protection across the AM sector.
