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If you are a UK business considering applying for a trade mark, you will need to know a few key points about when to apply and also how to go about making an application. Suppose you do not apply for a trade mark. In that case, you risk a competitor copying or imitating your concept. Consequently, this could impact your brand and overall business reputation. This article will outline the key points you should consider when deciding whether to apply for a UK trade mark.
When to Apply for a Trade Mark
After developing and growing your brand, you may consider designing a logo, symbol or signature concept that identifies you and distinguishes you from others in your field. If this is the case, it is the right time to consider applying for a trade mark. This is especially so if you need to stand out from competitors.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Trade Mark Protection
Trade mark protection allows you to obtain legally enforceable protection against anyone who tries to use or copy your trade mark. Suppose a competitor uses your registered trade mark without permission. In that case, this could result in intellectual property infringement and a fine or custody, depending upon the exact circumstances of the infringement. If you are currently in a position in your business where you want to protect a particular creative concept that you feel is unique and distinguishes you as a brand, now is the time to think about trade marking.
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How Do I Design a Trade Mark?
There are certain requirements for a trade mark to be able to be registered. A trade mark must be unique, which in any event, is key to its identifier for your brand. Trade marks can, however, take many forms or even a combination of forms. A small list of examples include:
- sounds;
- colours;
- words;
- slogans;
- symbols; and
- logos.
You must also consider what class your trade mark falls into within the list of 45 available. You can determine which class and the terms within these classes by identifying your business and your products or services. It is vital to choose the correct class and terms when applying to register a trade mark so that you successfully protect your trade mark within the correct industry. Otherwise, if you select a completely different trade from your own business, your trade mark application will essentially be worthless as you will not be protected. If you prefer to add in an additional class, you can also opt to do this for an additional fee.
You also must be aware of things you can not include as part of any trade mark application. Your trade mark can not include any of the following:
- offensive content;
- flags or emblems;
- three-dimensional shapes;
- commonplace phrases;
- misleading statements; or
- descriptive terminology relating to the goods or services.
You can also include up to six different marks within your trade mark application. However, they should all look, sound or mean the same, and any differences should be minimal. This is simply to provide alternative versions of the same trade mark.
The Trade Mark Database
In the UK, we have access to the trade mark database. Here, you can check if anyone has already registered a trade mark that is similar or even identical to the one you intend to register. By searching the database, you can avoid a potential failed application and make amendments to your proposed trade mark to achieve the best chance of success when you submit an application.
If you conduct a search on the database and discover a trade mark that is similar to your own design, you can request a letter of consent from the current holder of the mark. You should submit the letter with your application if you can obtain this. However, suppose you submit an application and the Intellectual Property Office finds a registered trade mark similar to your application. In that case, they will contact the holder of this trade mark after you apply. You will be informed of their intent to do this once you receive feedback on your application within four weeks of applying for registration.
Key Takeaways
If you are in a position where your business is ready to decide upon a defined brand image, and you have a creative idea in mind, it could be the right time to begin the registration process.
You should always keep in mind your future development in your business to ensure your trade mark has the potential for longevity and will mirror your own business growth and future plans. Trade mark applications are relatively straightforward. As long as you adequately research current trade marks and comply with the requirements for a potential mark, it should not be a challenging process.
Should you need assistance applying for a trade mark, our experienced trade mark 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 choose a symbol, logo, word, colour, or sound. Trade marks encourage creativity, and the most important thing is uniqueness.
You can search the trade mark database, which shows what trade marks have already been registered. Based on that search, you can change your design or proceed with your original idea.
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