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If you consider applying to the Intellectual Property Office for a registered trade mark, you should be aware of some tips before starting your application. Failure to prepare your application appropriately could result in wasted time and money in an application fee. We will discuss three key considerations that help when applying for trade mark protection.
1. Complete your Application Appropriately
The Intellectual Property Office requires registered trade marks to fit specific criteria. An essential characteristic of a trade mark is that it must be distinctive. Therefore, you must ensure this is the case. Trade marks can take many forms, including:
- words;
- phrases;
- slogans;
- sounds; and
- colours.
You may seek legal advice to guarantee your mark is suitable for registered trade mark protection.
Once your trade mark application is successful, you will obtain an exclusive right over the trade mark within the particular areas of the industry you have sought to register within. You choose these areas by selecting trade mark classes. You must make sure you choose all relevant trade mark classes that apply to your business, including what areas of the industry you seek to expand into in the near future.
Selecting all relevant classes will protect your trade mark. If you decide to add an additional class, you will need to complete an application. This can result in extra time and costs, so seek legal advice from the outset.
2. Carry Out Strong Research on Your Potential Trade Mark
Before you complete an application for the trade mark you have designed, you should conduct a thorough search of the online Intellectual Property Office database. Trade marks are distinct in character and, therefore, must be unique. If you complete a search, you ensure no other business has already registered your trade mark which would make it unavailable to your business to register or use.
For this reason, it is advisable to register your trade mark at the earliest opportunity. You do not want to build a consumer base with a logo, for example, that you later have to change because another brand has already obtained a registered trade mark for the exact or highly similar logo. It is essential to search early in your business, as you do not want to accidentally infringe on another business’ intellectual property rights via unauthorised use.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
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3. Plan Ahead for the Future
Once you have successfully registered your trade mark with the Intellectual Property Office, you will obtain exclusive rights over the use of your mark in your industry. Trade mark registration lasts for 10 years before requiring renewal, and therefore, you should design your trade mark with the future in mind. It is essential that your business can be represented by your trade mark both now and in years to come.
This is also important to note when considering international registration, such as a European Union trade mark which requires an additional application. Ultimately, your branding will be most robust when it is consistent. Any international trade mark should therefore be the same as your domestic one to maximise your trade mark’s branding power.
Key Takeaways
Take onboard tips to help you apply for trade mark protection. You should ensure you complete your application with all relevant requirements met. Also, take legal advice when choosing which trade mark classes to select, and conduct thorough research on your design. Trade marks are helpful branding tools and should be created with the future in mind.
If you need help or advice around the application process for registering your trade mark with the Intellectual Property Office, LegalVision’s 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
The Intellectual Property Office protects a registered trade mark for ten years before requiring renewal.
If you are unsure which classes to select, you should seek legal advice from a professional.
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