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So, what happens to the EU trade mark if Brexit happens?

EU and UK flag, what happens to trade marks in case of Brexit

The upcoming European Union (EU) referendum is, as expected, dominating the news. The financial markets have been reacted badly to a strong possibility of a British exit, or Brexit, from the EU. There are a lot of questions that have been raised over various matters relating to this ‘Brexit’. What will happen to trade, travel and in our specific case trade marks if Britain decides to leave the EU.

As many others have stated, there is great uncertainty in regards to what will happen post Brexit. We are also not clear of the exact changes that will occur, but we can speculate like all others have or are doing so.

One thing is for certain, a vote for Brexit will have significant implications for trade marks. In this post, we’ll try to answer the questions which you might have albeit speculatively.

Would EU trade marks still apply to the UK?

In simple words, no.

However, post Brexit, there will a long period of negotiation in which the British government would negotiate all matters with the EU. Either party might provide new legislations to continue the protection of existing EU trade marks in the UK, but that all depends on the negotiations that will be undertaken. If there are no new legislations provided, then all companies trading in the UK would be required to file a national application. That is if they only had a EU trade mark.

It is understood that the provisions and regulations provided by the EU Intellectual Property Office (IPO) will no longer be in effect so any new EU trade mark applications will not cover UK.

Can UK trade mark attorneys represent clients before the EU IPO?

Again, that would be a no.

The Institute of Trade Mark Attorney (ITMA) has suggested that a large amount the EU trade mark and design registration work will be moved to mainland Europe from the UK. The following effects have been listed:

  • UK-based trade mark practitioners would be unlikely to file EU Trade Marks/EU designs because they would be unable to represent clients before the EU Intellectual Property Office, unless the UK was to join the European Economic Area.
  • Over time UK trade mark and design law would diverge from EU law

A change in the law and removal of EU trade mark courts from the UK would most likely be the end of EU IPO work for UK based trade mark law firms and attorneys.

Will there be any changes to the cost?

Apart from the increase in costs of filing a UK and an EU trade mark separately, the costs ought to remain the same for the UK and EU trade mark.

The same rules would apply to design registration in the EU.

As stated above, we are speculating the changes that might occur as a result of a Brexit. There is a great deal of uncertainty, which is making everyone jittery. ITMA has stated that this will have a negative effect on trade mark attorneys in the UK and the process would become more complex. However, there might be an increase in UK trade mark filings post a brexit, which could help ease the long term negative impact.

Jose Mourinho’s Trade Mark: Can Companies Own a Name

Jose Mourinho and his trademark with Chelsea

During the recent announcement of Jose Mourinho being signed as the manager of Manchester United, it was revealed that his name is a trade mark owned by Chelsea. This was reported to be a stumbling block which delayed the signing. This raises the question on whether a company can own a person’s name as a trade mark.

The history of Jose Mourinho’s trade mark

Chelsea Football Club filed ‘Jose Mourinho’ as a trade mark in 2005 under various classes. This was a first where a managers name was registered as a trade mark. The popularity and marketability of Jose Mourinho was the reason why they decided to obtain the trade mark. The football manager has been successful in carving out a brand for himself.

Can a company own the trade mark instead of the person?

The owner of the trade mark is the entity that has filed for it to be registered. In this specific case, Chelsea Football Club filed for the trade mark and they would have obtained permission from Jose Mourinho himself. The name is a commercial entity which can be used for trade purposes and that is why it was protected. If a company has the relevant permission, it can file a trade mark and count it as one of their IP assets. From Jose’s perspective, the better way would have been to file a trade mark himself and license it to Chelsea.

Licensing a trade mark instead

A person or company would be better off by obtaining a trade mark and then licensing it out to another party. This is something that would be negotiated by Jose Mourinho’s legal team, but they will have to cover the costs of the transfer as well as potential loss of earnings. Without the permission of the trade mark owner, Manchested United would not be able to use the name on their merchandise or any commercial activity in general.

This is a unique situation, and the parties involved would be able to find solution primarily because of the clout of these Football clubs. They can afford to spend money on legal fees and/or licensing fees to use the trade mark. For smaller companies or ones not so financially able, the whole process would be costly and challenging.

The Chinese Trade Mark Saga – Facebook Wins Trade Mark Case

Facebook wins trademark case in China

While Apple Inc lost its trade mark case in China, Facebook has made headway by winning their trade mark case for its own brand name. A Chinese vegetable oil and potato chips maker called Zhongshan Pearl River registered ‘face book’ in 2014, but the courts in China have revoked the trade mark.

Why did Facebook win while Apple lost its case?

Although Facebook is blocked in China, it is still accessed by a large number of Chinese web users through VPN (Virtual Private Networks). Under Chinese trade mark laws, a global brand has to prove that its trade mark is also well known in China. In Apple’s case, the court decided that the ‘iPhone’ trade mark wasn’t well known, in China, when it was filed by the company.

Proving recognition

Facebook’s founder has been leading a charm offensive to woo Chinese government officials to allow Facebook to operate in China. The brand has been popular in the country for a while and as stated above, it has a sizable user base in the country. This has allowed Facebook to revoke the trade mark filed by the Chinese company.

The Supreme People’s Court decided that Zhongshan Pearl River had “violated moral principles” with “obvious intention to duplicate and copy from another high-profile trade mark”. Very aptly worded judgement from the Supreme People’s Court.

Registering your brand name

Registering your brand name

Registering a brand name can mean two different things. It can be either incorporating your company or registering your trade mark, which would be your brand. The latter is the more common understanding of the sentence ‘registering your brand’.

How do you register your brand?

If by this you mean you are looking to incorporate your company, then you need to visit the Companies House website and follow the process online to form your company. You can use company formation services if you are not comfortable with completing the process yourself. We’d recommend our friends Company Incorporations if you need help with this process.

On the other hand if you want to register your trade mark, then you would have to go through the following steps:

  1. Identify what it is that you want to trade mark. Is it your name, your logo, your slogan or anything unique about your service or product.
  2. Search to see if your trade mark is available. A trade mark has to be unique and original. Registering a trade mark gives you monopoly over its use in relation to specific goods and services. If an identical or similar trade mark exists, it is possible that you may have difficulty in registering it. To find out if your trade mark is available you can conduct a trade mark search in the relevant countries register.
  3. Research and understand the classes you will have to file your trade mark under. Trade mark are registered under classes, which identify specific goods and services. You can learn more about trade mark classes in our post here.
  4. Once you have gone through the above, you should file the trade mark application with the appropriate organisation. Trade marks are territorial so they need to be filed with the relevant countries trade mark offices.

The trade mark process is more complex than incorporating a company. The process can take a few months to complete. In the UK, the trade mark process can last between 4 to 6 months. If you are not comfortable with going through the process yourself, we can help you register your trade mark through one of the three affordable packages that we offer.

If you haven’t yet started your company then registering your brand would be both incorporating your company and getting your trade mark registered. If you have a company, then it would be registering your trade mark.

Learning from Apple’s trade mark issues in China

Apple's trademark issues with 'iPhone' in China

Apple Inc, the tech giant, recently lost a court battle over the use of the word ‘iPhone’ on leather goods in China. A local company called Xintong Tiandi will continue to have the legal right to use ‘iPhone’ on leather goods. As expected, Apple wasn’t happy with the decision and will be requesting a retrial in the Supreme People’s Court. As this trade mark battle continues, what lessons can be learned from this episode?

The trade mark system in China

The Chinese trade mark system is considered to be complex and murky. Trade marks can be filed on a ‘first to file’ basis instead of ‘first to use’ basis. What this means is that any company that files a trade mark first has an opportunity to obtain the registration. A trade mark search in the Chinese Trade Mark Office website shows 247 different results for ‘iPhone’ under different trade mark classes. Most of these are from local companies.

‘iPhone’ trade mark history in China

Apple filed a trade mark application for the word ‘iPhone’ in 2002, but only for computer hardware and software. The registration was granted in 2013. Xintong Tiandi had filed for its ‘iPhone’ trade mark in 2007 when the iPhone went on sale globally. The court decided that trade mark wasn’t popular and synonymous with Apple in China until 2009 when it was introduced in the country. Based on this, they lost the case.

Learning from Apple’s trade mark issues

Apple previously had an issue with their trade mark ‘iPad’, which they bought from the wrong company. It is common to find ‘trade mark trolls’ in China. Companies looking to expand into China might find that their trade mark is already registered. The most effective method of overcoming this issues is to file your trade mark as soon as possible. Had Apple filed ‘iPhone’ under multiple classes it would not have been in the situation it is in today.

Apple will continue to pursue this case because of its financial strength and a strong case, but most small to medium sized businesses would not be in the position to do so. As stated, the best advice is to protect your brand as soon as you create it.

How to deal with a trade mark infringement threat

Dealing with a trade mark infrongement

Building a brand takes a lot of work.  After all the effort and hard labour you’ve put into creating your distinctive brand, it’s not pleasant to find out someone is using or manipulating the materials you’ve created. If you’ve registered a trade mark and someone is using it, or a deceptively similar mark, without your authorisation then they could be infringing upon your trade mark.

Identifying trade mark infringement

If you think that someone is using your trade mark in a way that is likely to confuse, deceive or mislead customers then you can start a trade mark infringement threat against them. To claim trade mark infringement, you have to prove the following:

  • that you have a valid trade mark registration that is legitimate and should be protected;
  • that a third party is infringing it and using it in trade;
  • and that the third party does not have consent to use the mark;

As these cases can be complicated, it is essential that you consult with a trade mark attorney before proceeding.

Using a Cease and Desist letter

If you do have a valid mark that ought to be protected, then the first port-of-call is normally to send carefully worded Cease and Desist letter (also known as a Letter of Claim or a Letter Before Action). This letter is designed to open communication and bring about an amicable settlement without the need for legal action.

The letter notifies the infringing party that you have a registered trade mark and insists that the third parties use of the trade mark stops. Alongside this letter, you can send a legally binding undertaking – a type of legal promise- which outlines the obligations of the third party not to commit any further infringing acts.

Unjustified trade mark infringement threats

If you have your solicitor send a Cease and Desist letter or Letter of Claim it must be very carefully worded so as to avoid unjustified threats of trade mark infringement. In the UK, if you file a trade mark infringement threat against a third party, but it is found to be wrongly alleged then you could be liable for making an ‘unjustified threat’.

In short, if you file for trade mark infringement against someone who turns out not to have infringed your trade mark you could make yourself liable! Any ‘aggrieved person’ could bring action against you for making a threat with no grounds. ‘Aggrieved person’ is a large and vague category, covering not only the person to whom the threat was given but anyone whose commercial interests might be affected. This could expand to include manufacturers or distributors. This particular piece of legislation is unique to the UK, and may change soon as the Unjustified Threats Bills is currently before Parliament, as of April 2016.

Lack of cooperation from trade mark infringer

If you’ve sent Letters of Claim, the party is continuing to infringe your trade mark and there is sufficient evidence of a breach then you can make a claim in the Chancery Division of the High Court (the Court of Session in Scotland), or the Intellectual Property and Enterprise Court (IPEC). An injunction can be obtained from either court to prevent the repetition of trade mark infringement.

Remedies for infringement of trade marks

Apart from a court injunction, there are a number of other remedies available. These include an inquiry into the damages caused or profits made by the trade mark infringer. Better known brands can order forcing the defendant to publicise the judgement through a publicity order. This is only necessary if there is a need for a supplementary deterrent and/or to contribute to public awareness about the infringement.

Court proceedings will ensure the infringer will cease trading and may have to pay compensation for damages if applicable. It is still possible (and indeed, often advisable) to reach a settlement before going to court.

Simplified Steps to Claiming Trade Mark Infringement

(Remember that settlement can occur at any point in these steps.)

  1. Identify the offending mark and check it is infringing your mark
  2. Check that your mark is valid and ought to be protected
  3. Send a Cease and Desist Letter
  4. Send a legally binding undertaking (optional)
  5. Issue a claim form to start civil proceedings (if no settlement is reached)
  6. Approach Trading Standards Officers (applies to criminal proceedings only for e.g. counterfeit products)
  7. Attend court and reach settlement
  8. If necessary, appeal against the court’s decision.

What to do if you’ve been issued with an infringement notice

If you’ve been served an infringement notice, arguing that your trade mark violates another party’s then you should contact a trade mark attorney immediately. You should check to ascertain whether your trade mark is in violation of anothers or not, and check the validities and expirations of all marks. If you have made a mistake, then it is best to come to an amicable agreement by liaising with the other party through your attorney.

Why you should use a lawyer to file your trade mark registration

Trade mark lawyer filing a trade mark

Filing a trade mark registration can be an expensive process, so it is unsurprising that many people question whether they should try to reduce costs by filing the application themselves, rather than employing a trade mark attorney. However, it is important to weigh up the potential savings against the risk of problems and higher costs later on that can come from not having professional help. Any errors made in your trade mark application can end up being very costly, both in time and money.

Correctly Filed Trade Mark Application

If your trade mark application is improperly filled in, or incorrectly filed, then it is very likely to be rejected and you will lose the filing fees. If you want to try again to register your trade mark, you will have to pay the full fees again, making the filing process a lot more costly than necessary. Using a trade mark lawyer to help you file your application means that it will be filled in correctly the first time, leading to a much lower risk that it will get rejected, saving you the cost of subsequent re-applications.

Using a trade mark attorney can also speed up the process of obtaining your trade mark. The application process can take 5-8 months depending on the type of trade mark. If you fill in the application yourself and it is rejected due to mistakes, you will have to re-apply and potentially wait another 8 months for your trade mark protection. A professional trade mark lawyer will know how to file your application correctly, greatly reducing the chance that your application will be rejected and the process will have to be repeated.

Once you file an application, your trade mark is provisionally protected, but you cannot enforce this protection by filing a trade mark infringement or damages claim until the trade mark registration is complete. If your application is rejected because you have filled it out incorrectly, this leaves you without protection and your competitors could use your mark without any legal consequences.

Trade Mark Classes & Descriptions

The trade mark application process is a lengthy and relatively complicated one, particularly when it comes to classifications. There are 45 classes of goods and services that you have to choose from, and often registrations fail because the incorrect class or classes were indicated on the application. In addition to this, if you select a class on your trade mark application, then don’t use your mark for those specific goods or services within 5 years or registration, your trade mark could be challenged and possibly revoked. A trade mark lawyer will be familiar with all of the classes and their definitions, and will be able to advise you on which ones you should select to protect your trade mark, removing the confusion and considerably decreasing the risk of your application being rejected.

Third parties, i.e. your competitors, have an opportunity to oppose your trade mark application as part of the registration process. If this happens, you will have to defend your application.  In the UK, if you fail to defend your application, it is deemed to be abandoned and the you may be liable to pay third party costs.  A trade mark attorney is best placed to advise on the necessary steps to take in case of an opposition. They will find the arguments to put forward for a case and can allow you to overcome that opposition.

UK or EU Registration

When registering a trade mark in the UK, you have a choice of applying for a UK trade mark, or an EU trade mark. The UK trade mark and EU trade mark provide different protections for your brand, and your trade mark attorney will be able to advise on which is best for your business and specific trade mark. Although the EU trade mark filing fees are more expensive than for a UK trade mark, your trade mark attorney will be able to let you know whether it is advisable to apply for EU protection to avoid potential greater costs and barriers to international trading in the future.

So how much does it actually cost to use a trade mark attorney to register a trade mark? Take a look at our trade mark calculator to get an idea of how much your application will cost with our team of experienced lawyers. We offer three different packages – Bronze, Silver and Gold – depending on the level of support you require, and our Gold package even comes with a money-back guarantee!* Plus, you can complete the entire process online with us – no need to come to our offices or spend hours on the phone.

Got more questions? Contact us with your query and we can phone or email you back, or you can talk to us using our live chat feature, we’re here to make the trade mark application process as easy and straightforward as possible for our clients.

*T&Cs apply

What is a trade mark class?

A trade mark class, or classification, is a category which describes the type of goods or services your trade mark represents.

E.g. Class 25 – clothing, footwear, headgear. Class 35 – advertising, business management, business administration

Find out more about trade mark classes

What is the difference between a UK trade mark and an EU trade mark?

A UK trade mark protects your brand in the UK, and is less expensive to file than an EU trade mark.

An EU trade mark, or Community Trade Mark, protects your brand in all 28 countries that are part of the EU.

Find out more about UK and CTM trade marks

Changes To The EU Trade Mark Legislation

EU Trade Mark Office

Attention business owners and entrepreneurs! As of March 23rd 2016, there’s a few changes being made to EU trade mark registration. If you’ve registered a trade mark in the EU or you were planning on doing so, you might need to take notice of a few changes.

Registering a trade mark in the EU means your branding will be protected through all the 28 countries of the EU. Registration is much the same as if you were to apply for a trade mark here in the UK. You should see if the trade mark is already taken, then submit your application. Once the application is accepted by the office it will be published. If no challenges occur during the publication period, registration is granted. You will hold the trade mark for 10 years before needing to renew it.

The new regulations on EU trade marks should make it cheaper, easier and fairer to own an EU trade mark. Here’s a brief summary of some of the changes:

1. Some name changes

Community Trade Marks (CTM) will now be known as EU trade marks. The Office for Harmonization in the Internal Market (OHIM) will be known as the European Union Intellectual Property Office (EUIPO).

2. Reductions to fees, and introduction of a one fee per class system

Different fees now apply for different numbers of classes, rather than the old blanket fee of €900. You can now e-file a one class application for €850 or two classes for €900. Each further class costs €150.

Class          Current (€)          New (€)

1                  900                        850
2                  900                        900
3                  900                        1050

The fees for renewing your trade mark have decreased from a blanket €1,350.00 to a reduplication of the cost of registration. That is, €1,050 for three classes, €900 for two classes or €850 for one class, and additional classes at €150 per class.

Class          Current (€)          New (€)

1                  1350                        850
2                 1350                        900
3                  1350                        1050

A number of other fees have also been reduced.

  • The opposition fee has been reduced from €350 to €320
  • The revocation or invalidity fee has reduced down from €700 to €630
  • The fee for Appeal has gone from €800 to €720

3. Change of time limits to renewal and proof of use

The renewal date for your trade mark is now the same date you filed your trade mark, plus 10 years (rather than the end of the month in which you filed).

When contesting proof of use against someone using a new trade mark, proof of use has to be furnished if the 5 year grace period ended before or at the application date of the younger trade mark, as opposed to the date of publication of the trade mark.

4. Overly generalised descriptions have been abolished

Trade marks are now only protected for the goods and services that can be inferred from the literal interpretation of the Nice descriptions of goods and services. Formally, a few EU member states and OHIM permitted the use of overly general class headings to protect all goods or services contained in the alphabetical list. Those that relied on this ‘class heading covers all’ practice have a six month grace period, from March 23 to September 23, in which to declare to EUIPO (formally OHIM) that their intention had been to seek protection beyond that covered by the literal meaning of the class heading.

5. Search reports and monitoring letters no longer mandatory

Prior to the changes, applicants were not able to refuse search reports and monitoring of trade mark applications as provided by OHIM. From now on, applicants of a trade mark can choose whether they wish to receive search reports, and owners of trade marks can opt out of monitoring letters regarding younger trade mark applications.This will encourage private monitoring or availability searches and eradicate excess paper work.

The following provisions will come into force in October 2017 as they have to be developed by secondary legislation.

6. Trade marks no longer have to be represented graphically.

A trade mark no longer needs to be represented graphically. For example, if you wish to trade mark a sound, you don’t need to provide the visual notation, just the sound file will do.

7. Introduction of EU certification marks

Certifying institutions and organizations can now file EU trade marks as a signifier for goods or services that comply with certification requirements.

A Startup’s Guide to Copyrights, Trade Marks & Patents

A guide to trademarks, patents and copyrights for startups

As a growing number of people start their own businesses, they have to understand the basics of various matters which will affect their business. One area that needs to be understood by entrepreneurs is intellectual property (IP). In this post, we’ll be defining the difference between copyright, patents and trade marks and how important they can be!  Read on for a basic overview regarding what protection you might need to consider for your company and products.

Copyright

A copyright is one form of intellectual property rights and it protects the expression of ideas. These include (but not limited to) architecture, art, books, computer software, music, and photographs.

An important aspect to note however is that while copyrights protect the expression of ideas, they do not protect the ideas or concepts themselves.  For instance a copyright can protect a particular photograph of a tiger, but other people may still create their own photographs of the same type of tiger.

Sometimes there is a requirement that the work is “an original work of authorship”, so titles, facts, phrases etc. typically can’t be eligible for copyright. However, there are some unique circumstances which allow this, so it is worth checking with a lawyer who specialises in IP.

Here in the United Kingdom there is no copyright registration procedure and therefore businesses can include the “©” symbol or the word “Copyright” with all materials it distributes. They should also include the year of first publication, the name of the owner, and the language “All rights reserved.”

When it comes to using third-party photos, music, or writings on website, marketing materials, etc. It is advised that you should find out if the piece of work can be reused for commercial or personal purposes. If it isn’t, then you could be subject to copyright infringement from the owner of the original piece of work.

Trade Marks

As you would have read from our other blog posts, a trade mark is a sign which distinguishes your companies products or services from its competitors. It can be a word, symbol, logos, slogans that identify the source of goods and/or services.

One of the most important aspects of a trade mark is that it adds consumer confidence in a product or service by association. Everyone recognises the trade mark symbol and therefore it acts as a great marketing tool.  Once you have a registered trade mark you can use the appropriate trade mark symbol ® next to your brand name.

As a startup you should look into protecting your brand early by registering your key trade marks. The cost of not protecting your brand can be very high, so getting a trade mark in the right stage of your startup is essential. In the UK and EU, trade mark registration can be done online and there are a number of trade mark packages available to choose from. Trade marks need to be filed in the appropriate classification, which can be a complicated process for most and is the reason why you should use a trade mark attorney to register your application.

Patents

It is extremely important for startups and businesses to understand the function of patents and how they fit into their business.

Not every startup business will warrant the need to build a patent portfolio, and patents are not easy to register. Briefly, patents protect your original inventions from your key competitors, and they also help you reduce the risk of being exposed to assertions of patent infringement by competitors and third parties.

An invention that hasn’t been introduced in the market is worthy of a patent application. In the UK, a website cannot be patented even if it offers a new function. If you feel you have a distinctively different website or app, then you should consider speaking to an IP attorney.

Patents are the most expensive and time consuming of all the types of IP. A patent gives you the exclusive right to make, use or sell an invention, meaning that it can exclude a competitor from making or selling the patented invention.

Patents have many additional benefits including helping to attract investors.  Plus, the filing of a patent application will enable the company to advertise “patent pending” along with its product or service, so it will help with investors, consumers etc.

Conclusion

So that should hopefully explain a little bit more about the ways you can protect your ideas, work and business, but do check out our infographic on copyrights, trade marks, patents and designs for a quick summary and FreemanHarris are on hand to help you if you have any questions.

Domain Names & Trade Marks

Domain names and trade marks

For many people there can be some confusion surrounding the terms trade mark and domain name, and this blog hopefully clarifies both terms as well as encourage startups and existing businesses to use companies with expertise in these areas.

Will a trademark give you right over a domain?

One question that is often asked is whether having a trade mark, automatically means you have a domain name.  Quite simply, no, they are two different things.  As you know from previous posts a trade mark identifies the origin of goods or services, and if an owner of a good or service would like to use its trade mark as its domain name, the owner must purchase the domain name registration.   There are companies whose brand is their domain name for e.g. ASOS.com. in such a case the domain name needs to be registered as a trade mark.

It is important to note that the use of a domain name merely as an informational part of the domain name holder’s internet address does not qualify as trade mark use.   Some examples of domain name used only as an Internet address include:

  • A domain name that displays only in the Internet address bar
  • A domain name that merely redirects website traffic to another website
  • A domain name that is used in close proximity to language referring to the domain name as an address
  • A domain name that is displayed merely as part of the contact information for the domain name owner

What does a domain need to be considered as a trade mark?

To qualify as a trade mark, the domain name must function as a mark.  That means it must serve as an indicator of source and not merely as an informational part of an Internet address. If the domain name functions separately as an indicator of source, it may be registered with the appropriate trade mark office as a trade mark. For example, a domain name that is displayed prominently and frequently on a webpage might function as a trade mark.  A key factor in determining whether the use of a domain name rises to the level of trade mark use is whether consumers view the domain name as a symbol of origin separate and apart from anything else.

It is important to note that both domain names and trade marks can expire.  The expiration date of a domain name depends on the term agreed when you registered the domain name, and this can easily be renewed.  If a trade mark is not renewed before the due date, the registration expires (they usually run for ten year periods).  These processes are both quite straight-forward (but many people make mistakes, which can be costly and time consuming), so Trademark Hub are always on hand if you ever have any questions, or if you need to renew your trade mark.

Remember, a trade mark and a domain name are not the same, and quite simply are two very different things.  The two can inter-link, however, it is advised that you speak to an expert when looking at getting any aspect of your business trade marked, even if it is the domain name!