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If you are a business in the UK considering trade mark registration for your brand, you will likely be interested in learning the costs of applying. If you are careless, your application can easily result in wasted costs. Therefore, it is important to ensure you have covered everything in your application and take advice from legal professionals where appropriate. This article will evaluate the expense of trade mark application and consider how to avoid wasted costs.
What is Involved in an Application?
A trade mark application has many different steps involved. The first step is to apply to the Intellectual Property Office (IPO), which will determine whether your trade mark meets the eligibility criteria for registration.
There is a standardised timeline that proceeds as follows:
- Designing/choosing your trade mark;
- Researching any existing trade marks that may be similar to yours (this is often referred to as a trade mark search);
- Deciding which trade mark classes are appropriate;
- Completing the application;
- Paying the relevant fee for a Standard, Right Start or Series Application;
- Examination by the IPO;
- Publication of your application in the trade marks journal for opposition purposes (two months); and
- Registration.
The associated expense of a trade mark application differs depending on the number of classes covered and which type of application you submit. Likewise, you may pay considerably more in legal fees if you have to address any objections. Trade mark applications can therefore vary in complexity, and consequently, so can the costs.
Standard vs Right Start Applications
You can choose whether you want to lodge a Standard Application or a Right Start Application. A Standard Application costs £170 to register your trade mark within one class and then an additional fee of £50 for any extra classes.
A Right Start Application however costs £100 for one class and £25 for any additional classes. You will receive a report with a Right Start application explaining whether your application meets the rules. You get 28 days to make a decision on whether you wish to continue with the application process. If you decide to progress, you must pay an additional £100 and £25 for every additional class you have chosen.
The benefit of a Right Start Application, therefore, is that it costs less at the outset.
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Series Applications
A Series Application covers up to six separate trade marks that look, mean or sound the same, depending on the type of mark. The maximum number of versions you can include in a single Series Application is six, and the total cost for your application will depend on the number of versions. If you choose to make a Series Application, the first two versions of your trade mark are included within the initial cost, with an additional £50 fee for any additional marks.
An example of where a Series Application may be appropriate is for a trade name written in more than one way. For instance. DELTA, Delta, and delta. While the capitalisation differs, the two words look, mean and sound the same. Therefore, a Series Application is appropriate. Other indicative examples include:
|
CAT and cat |
These two marks form a series because the use of capital letters does not impact the meaning or sound of the word. |
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AboutTime and About Time |
These are a series because both marks possess the same meaning regardless of if they are joined or apart. |
|
Craze.com and Craze.co.uk |
These are a series as despite the fact they do not look the same, both .com and .co.uk are recognisable domain names. If, however, you were seeking to use lesser-known domains like .edu or .music in a series application, you would not likely meet the relevant requirements. |
Legal Advice
The expense of instructing a lawyer to advise you on your trade mark application is often the most substantial upfront cost. However, they can preempt any mistakes or unexpected errors, thereby saving you considerable costs in the long run. Therefore, you may actually save money by hiring a professional.
Additionally, if you need to defend your application, you should strongly consider obtaining legal advice.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
Costs attached to trade mark applications can vary widely depending on the type of application, the number of classes you wish to register your mark in, and any legal fees incurred from professional advice or representation. A standard trade mark application for registration in one class costs £170, with additional classes costing £50 per class. It is not a hugely expensive type of intellectual property protection and is a worthwhile investment 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
A Right Start application is one where you pay a reduced fee at the start of the process and obtain a report stating whether your application has met the criteria. You can then use this information to decide on whether to proceed.
In England, your trade mark will be registered for 10 years before requiring it to be renewed. You can renew your trade mark in the 6 months leading up to renewal and the 6 months afterwards.
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