Table of Contents
If your UK business is considering trade mark registration, you may wonder when the best time to obtain legal advice. Trade mark applications are complex and time-intensive. Your business will need to be aware of common mistakes and also the process involved in registration. This article will discuss how legal advice can benefit your application and when you should seek legal advice for registering your trade mark.
What is a Trade Mark?
A trade mark refers to certain brand identifiers. A trade mark must be unique in character and distinctive to your business. Trade marks are an important type of intellectual property and can form valuable business assets. Trade marks can take multiple forms including
- logos;
- slogans;
- phrases;
- colours; and
- symbols.
You must show your trade mark is distinctive within your industry to successfully register it. Therefore, when you come to apply to register your mark, you must be certain that no other business in your areas of trade has already registered a mark highly similar or identical to your design.
Unregistered and Registered Trade Marks
Trade marks in the UK exist as either in registered or unregistered forms. If your trade mark is unregistered, it is more difficult to prove your exclusive right to use it. Consequently, you will not be able to take legal action to enforce your rights over the trade mark. In contrast, registration creates stronger protection over your mark, which is important in the long term. Therefore, it is almost always in your best interest to register your trade mark sooner rather than later.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Continue reading this article below the form
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Intellectual Property Solicitors
The right time to seek legal advice varies from business to business, but once you start considering trade mark protection, you should consult an expert.
Intellectual property lawyers are experts in their field and can assist any type of business with trade mark applications. It is also important to note that trade marks are applicable to all businesses, whether you own a small business or a multinational corporation.
Due to the condition that your trade mark must be distinct, an intellectual property solicitor can advise you on this matter. It is highly fact specific and intellectual property solicitors have a breadth of experience that will ensure your application is likely to succeed from the outset.
Benefits of Legal Advice
Within the UK, you can hold an unregistered trade mark or a registered trade mark. There is no legal requirement that you must apply to the UK Intellectual Property Office. However, legal experts will usually advise you to apply for trade mark registration due to the exclusive right you then possess over your mark.
There is a standard application process within the UK which is carried out through the Intellectual Property Office. The application process will involve proving your proposed trade mark is distinctive, selecting all applicable classes you wish to register within, and paying a fee. It may appear straightforward due to the standard application process, however there are many common mistakes that can be easily made.
An intellectual property lawyer will assist you by ensuring your trade mark design does not possess highly similar traits to current registered trade marks in your industry. They will also assist you in selecting different classes for your mark in order to give your registered trade mark the best level of legal protection. If you are successful in your registration, they can also assist you in any international registration you wish to apply for, which can be useful if you intend on trading in multiple jurisdictions.
Key Takeaways
When you should seek legal advice for registering your trade mark depends on your circumstances. However, generally, the best time to seek legal advice for trade mark registration is as early as possible. This means if you have just started a small business, you should consider speaking to an intellectual property lawyer as soon as possible. Trade mark applications go through a standard application process, but applicants often make mistakes. An intellectual property solicitor will make sure your application meets all the necessary conditions.
If you need help or advice around trade mark registration, 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
Trade marks exist in registered and unregistered forms. Registered trade marks grant you superior protection over the mark. The registration process requires you to meet several conditions.
The first thing you should do is make sure your mark is not already registered with another business in a highly similar or identical form. This is because if you attempt to register something already registered, your application will automatically fail. If you continue to use a registered mark, you will also be infringing that business’ IP rights.
We appreciate your feedback – your submission has been successfully received.
