What to Know Before Applying for a Trade Mark in the UK

Trade marks are a form of intellectual property that can protect your business’ brand elements. Registering a trade mark is an excellent way to ensure that no one else can use your business name, logo, or product name. However, there are rules around what you can and cannot protect with a registered trade mark. These rules may limit what you can obtain registered trade mark protection for. This article will explore what you should consider before applying for your trade mark in the United Kingdom.

Design Your Mark

You can trade mark any of the following design elements:

• symbol;
• logo;
• phrase;
• word; or
• colour.

Therefore, you can potentially register a trade mark for your business name, logo, product names, or other aspects of your brand. Being creative when designing your mark can increase your chances of a successful application and make your mark more memorable among consumers. 

When designing your mark, keep in mind that there are some restrictions when it comes time to register your trade mark. Trade marks cannot be generic, descriptive, offensive or misleading, nor can they be similar to any existing registered trade mark. The best trade marks will be unique to your company. They also cannot take the form of recognised state symbols or emblems, such as flags.

In addition to trade marks, there are other forms of intellectual property rights your business can receive. If you are the original creator of the mark and it is considered a piece of artistic work, your mark will receive copyright protection. Copyright is an automatic right that protects original pieces of work from the moment of creation. Therefore, you do not need to register for copyright, unlike a trade mark.

Conduct a Search of the Trade Mark Database

Before making your UK trade mark application, you must check the trade marks register to ensure that no one else has registered a trade mark that is identical or similar to yours. You can usually avoid a similar or identical trade mark by inventing your trade mark from scratch. However, you must still check for any similar trade marks before filing your trade mark application.

Your business can conduct a search of registered or pending trade marks with the Intellectual Property Office. If you find that someone else has a similar trade mark, you have a couple of options. You can change your trade mark to remove similarities or come up with another idea.

Therefore, before planning or submitting an application for a trade mark, it is important to conduct a search in order to avoid any potential issues. Equally, it is vital to check the database to ensure you are not unknowingly infringing another business’ intellectual property rights by using a similar trade mark without their consent.

Choose a Trade Mark Class

When considering trade mark protection, you will have to select trade mark classes and goods or services to register your proposed mark within. These classes represent various areas, such as:

• retail;
• agriculture;
• hairdressing;
• sports goods;
• chemicals; and
• clothing.

Your trade mark will only be protected within the classes of goods or services you select. Therefore, you should keep in mind the industry you currently operate in and any areas you will expand into in the near future. You can add additional classes to broaden your protection, but this will increase the overall application fee. Likewise, if you do not use your registered trade mark, others can apply to revoke your trade mark for non-use.

Apply For Your Trade Mark

Finally, you can apply for your UK trade mark online through the UK Intellectual Property Office (UK IPO). A standard application costs £170 for one trade mark in one class and £50 for each additional class you would like to register your trade mark under. 

You may also consider using the Right Start application process. This service costs £200 for one trade mark class and £50 for each extra class. You pay £100 upfront, plus £25 for each additional class you are applying for. The UK IPO will consider your application and advise you if your trade mark meets the trade mark requirements.

When you receive their findings, you can then decide whether or not to proceed with your UK trade mark application. If you choose not to go ahead, or the IPO has advised that you cannot register your proposed trade mark, you will lose your payment fee. If you decide to proceed, you then pay the balance of your application fee. The Right Start option is good if you are unsure that your application meets the requirements. You will find out from the IPO whether your trade mark is registrable before paying the full fee.

Trade Mark Essentials

LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.

Download Now

Key Takeaways

Before applying for a trade mark for your business, you must consider what elements of your brand you would like to register. You also need to ensure that your proposed trade mark is unique to your business and satisfies the other requirements for trade mark registration. You must also decide which classes you should register your trade mark in. If you want feedback from the IPO on your proposed trade mark before you commit, you can use the IPO’s Right Start Application Service.

If you need help applying for your trade mark, 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