Can Santa Claus get a trade mark?

It’s that time of year again.

We are all navigating the wet Christmas markets and shoulder barging our way through department stores/ clicking “proceed to basket” via various online marketplaces as we commute on the delightfully well-run and spacious public transport network.

Now seems like a good time to pause and think, can Santa Clause get a trade mark?

What is a trade mark?

A registered trade mark is a territorial right can be an invaluable tool in preventing infringement and it is also a vital commercial asset. Santa needs to bat away competition.

Making the investment to apply for a trade mark for your brand has countless benefits, including;

1. Monopoly right – by registering a trade mark, you gain a monopoly right over its use and are able to stop similar (or confusingly similar) marks from existing which cover identical or similar goods and services as your trade mark.

2. Right to use – if someone else was to register an identical or similar mark before you, then they could stop your use of the mark which would result in you having to complete a costly and time consuming rebrand.

3. Commercial asset – if you were to commercialise your mark this would become challenging without adequate registration. Having the mark registered will also increase the value of your business and allow you to explore licensing and franchising routes in due course.

Selecting the goods and services

When applying for a trade mark, the goods and services are categorised into 45 different “classes”. When he gets round to it, Santa Clause will need protection for toys; sweets; carrots; distribution services; helpline services; elf recruitment services and reindeer breeding.