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If you are a business in England, you may consider registering a trade mark. There are benefits to registering a trade mark in terms of protecting your business’ intellectual property. This article will discuss the benefits of trade mark registration, and it will also discuss how to register a trade mark.
Trade Marks
A trade mark can consist of your:
- logo;
- jingle;
- slogan; or
- other material that identifies your business.
You can include your trade name in these symbols. You may register a trade mark for the name itself, and you can also include it in a logo or design.
To successfully register a trade mark you must meet some requirements. Your trade mark must be able to be distinguished easily. To achieve this, there are certain things you can do to make your trade mark unique. You should:
- avoid using common descriptive phrases;
- avoid simple colours; and
- try to make your trade mark as unique as possible in your industry.
You should also ensure that your mark is not offensive, as it will not be accepted by the Intellectual Property Office if it has any offensive features. Your trade mark must also not be misleading to a consumer and should not be too similar to recognised flags or emblems. These are just some ways to avoid the refusal of your trade mark.
Registration Process
To register your trade mark, you must apply with the Intellectual Property Office. Firstly, however, you must check the trade mark register to ensure that your trade mark still needs to be registered by another business. Your trade mark must be unique, so if somebody else has already registered your trade mark, you will need to select something else.
You will also have to select the class to register your trade mark. There are 45 classes of goods and services, so choose the correct class or multiple classes that reflect your products or services. Otherwise, your trade mark will be vulnerable, as others may be able to use it.
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Protecting Your Brand
By registering your trade mark, you are protecting your brand. Trade mark registration prevents other businesses from copying your brand. With a trade mark registration, you gain the right to protect yourself against copycats and infringers.
You can put the ® symbol next to your business to deter others from using your trade mark. This symbol shows you own registered trade mark and you can only use it after you gain registration. You will also be able to sell and license your brand, allowing others to use your trade mark with permission.
Developing Brand and Identity
Your trade mark is the identity marker of your brand, and it can help make your business immediately identifiable to customers. A trade mark solidifies and legitimises your brand identity and allows you to be recognisable.
Your trade mark provides a consistent message across your products and services. It is the most fundamental method of encouraging customers to recognise your business and gives you a steady marketing tool. A trade mark also helps maintain a consistent brand image and portrays your business professionally.
In an industry with significant competition, you should register your trade mark as soon as possible to prevent other businesses from registering something similar or identical. Your protections are limited if your trade mark is not registered. Therefore, consider registering at the earliest opportunity to help stop infringement.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
Registering a trade mark has many benefits for your business. It protects your brand identity against competitors and assists in developing your business identity. Registering your trade name, for example, can provide you with legal tools to take action against infringers. You can market your products and services in a streamlined fashion using the same trade mark as a branding tool.
If you need help deciding whether to register a trade mark, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
You can register many symbols as a trade mark, including colours, logos, slogans or even sounds. As long as your trade mark can distinguish your business from others and meets other trade mark requirements such as uniqueness, it is likely registrable.
The standard cost for a trade mark is £170. However, you may incur additional fees based on the number of classes you select.
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