Before applying for a trade mark, you must check that a similar one does not already exist. Using a trade mark that resembles a registered one can expose your business to infringement claims, even if you have not registered it yourself. This article will explain what you should consider before applying for a trade mark and outline your options if a similar one already exists.<\/p>\n\n\n\n
In the UK, you should consider the following when determining whether two trade marks are legally considered similar, including whether an existing trade mark registration could threaten your application:<\/p>\n\n\n\n
To help you answer question 1, consider trade marks similar if they are aurally, conceptually, and visually similar.<\/p>\n\n\n\n
Generally, logos (especially those that do not contain any verbal element) require a higher degree of similarity. This is because the visual interpretation of logos is more subjective than words with specific definitions.<\/p>\n\n\n\n
Trade marks<\/a> are known as territorial rights, meaning that when you register a trade mark in the UK, it is only protected within the UK. Similarly, international trade marks will only protect you in the countries you register them. When you apply, the UK Intellectual Property Office (IPO) will check the trade mark register for existing trade marks that share similarities. <\/p>\n\n\n\n The IPO will search within the classes of goods and services they think your proposed trade mark could fit into. This class may not necessarily be the same as the classes you have applied to register in. The IPO will use their discretion on a case-by-case basis to determine which categories they will search.<\/p>\n<\/div>\n\n\n\n They will inform you if they find a mark that could potentially conflict with yours. If you decide to proceed with your application, the IPO will notify the owner of a similar trade mark about your application.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n