Table of Contents
Launching a business is a big decision, and deciding on your business name and branding can add to the confusion. However, if you are starting a business in the UK, you may have some understanding of how to protect your new business. For example, trademarks can help protect your business’ brand from competitors. This article will explain what trademarks are, whether you need to register a trade mark, and when you should apply to register it.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Choosing Your New Business Name
Choosing the name for your business is a big decision. Customers will remember your business name when looking for products, so you want to choose something unique.
Ideally, you will choose a new business name that no one else already uses. This allows you to use the same name to register:
- a domain name;
- a limited company; and
- a trade mark.
The Benefits of Trade Mark Registration
Once you select a business name, you should ensure you protect it. For example, you should register a trade mark for your name and logo so that nobody else can use it in your business area. Having a registered trade mark for your business also prevents your competitors from imitating your brand. Allowing other businesses to do this may attract customers away from you.
A registered trade mark is also a valuable asset in its own right. If you ever sell your business, your trade mark will add value to that sale. As well as obtaining a trade mark for your business name and logo, you can register trademarks for individual products and services. Consequently, you must consider registering more trademarks as you develop your business offerings.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Requirements for a Trade Mark
Before applying for a trade mark, you must check that your business name or logo meets the trade mark registration requirements. A trade mark can consist of the following:
- words;
- sounds;
- colours or visual depictions; or
- a combination of any of these things.
Additionally, a trade mark cannot be:
- offensive;
- misleading; or
- overly descriptive of what your business does.
When coming up with an appropriate business name, it is good to be creative or invent a new word. Use a word that is entirely unrelated to your business.
You will also need to decide in which class or classes you wish to register your trade mark. Classes are categories of goods and services, and your trade mark will only protect you related to products in that class. To ensure you register your trade mark in all the appropriate classes for your business, consider what types of goods or services you plan to offer. You can use the Intellectual Property Office’s class search function to find the appropriate classes. Overall:
- goods are categorised in classes 1 to 34; and
- services are in classes 35 to 45.
For example, say your business is manufacturing or selling trousers. Searching for ‘trousers’ using the search brings up five different classes. Class 25 is likely the most appropriate, as it covers types of clothing. However, if you plan to sell fabric to other businesses to make trousers, consider class 24.
If you are still deciding which classes to register your trade mark in, seek advice from a trade mark attorney, who can give you specialist advice.
How to Register a Trade Mark
Once you decide on an asset to register as a trade mark, you can apply online through the UK Intellectual Property Office (UK IPO). The online application process is straightforward, and the standard cost is £170 to register one trade mark in one class. If you want to register a trade mark in more than one class, the cost is £50 for each additional class.
Once you submit your application, you will receive a report in approximately 20 working days. This report will detail whether there are any objections to your trade mark application. If there are no objections, the UK IPO will register your trade mark for 10 years. You can renew your trade mark every 10 years.
Suppose there are objections to your trade mark application. For example, it may be too similar to existing trademarks. In that case, you will have two months to resolve the issues with your trade mark application.
Key Takeaways
Registering a trademark for your business to protect your new business and brand identity is vital. This will ensure no one else can use your business name and confuse customers. Once you have registered your trade mark, you have the exclusive right to use that trade mark for 10 years. You can renew it every 10 years after that, ensuring long-lasting protection for your business. Registering a trade mark has many benefits, including protecting your brand identity and establishing a valuable asset for your business.
If you need help registering a trade mark for your business, our 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
Initially, your trade mark lasts for 10 years. However, you can renew it every 10 years, so your trade mark can last indefinitely if you want it to.
Registering a domain name and company name through Companies House is crucial. However, these do not prevent anyone else from using your business name. A registered trade mark will prevent anyone else from using your company name. It will also prevent anyone else from registering a trademark for your business name. Further, it will make taking legal action against anyone who tries to use your trade mark more straightforward.
We appreciate your feedback – your submission has been successfully received.
