Table of Contents
Businesses in the UK hoping to register a trade mark quickly need to be aware of some key concepts relating to the registration process. This article will consider a few practical tips for quickly registering your trade mark and avoiding unnecessary delay or cost.
Overview
In the UK, you register your trade marks with the the Intellectual Property Office (IPO). In order to successfully register a trade mark, you must show that it is unique and that it is distinctive for your business. The application process can be complex if you run into difficulties. Therefore, you can maximise your chances of a successful, quick registration application by familiarising yourself with the key requirements.
Designing Your Trade MarK
You should be aware of the scope you have in designing your trade mark and also ensure you meet all the requirements. Your trade mark must be:
- distinctive in design and character;
- a combination of words, sounds, logos and/or colours;
- inoffensive; and
- true and not misleading.
If your trade mark does not possess these properties, the IPO is less likely to approve the application.
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Adequate Research
If the trade mark in question closely resembles one already registered by another business, the IPO will reject your application. Therefore, you can avoid wasting your time by properly researching the IPO’s database. You can search by:
- keyword;
- phrase; or
- image.
If your trade mark appears in a similar or exact form, this means it has been registered by another business. Therefore, you will be unable to use or register it.
You should also thoroughly search for unregistered trade marks that are similar or exactly the same as your brand. If you find an unregistered trade mark that is the same as yours, you should try to ascertain whether the business is still trading and using the mark. It is always advisable to conduct strong research, as, if you need to change your trade mark design, this gives you the first opportunity to do so and also avoids an unnecessary application that will ultimately fail due to being registered with another.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Choose the Appropriate Classes
Within your application, you will need to choose trade mark classes for your trade mark. These classes are simply areas of trade or industry; therefore, you should choose all that are appropriate to your business. The law only protects your trade mark under the classes that it is registered. Therefore, if you do not select all the appropriate classes, you risk a competitor using your trade mark without your consent.
If this situation occurs, you will be unable to challenge their use. Further, if you forget to register your trade mark in a particular class after submitting your application, you will need to create a new one. Therefore, to register your trade mark as quickly and efficiently as possible, you should ensure all relevant classes are included in the first application you make. If you need assistance in choosing classes, you can contact a professional intellectual property solicitor.
The Merits of Obtaining Legal Advice
Intellectual property lawyers have considerable experience submitting trade mark applications on a regular basis. Therefore, they can quickly prepare and submit your trade mark application and ensure the registration process concludes quickly. Support from a professional will also ensure the strongest application is submitted, which could result in saving time later down the line.
Key Takeaways
Trade mark applications for registration are carried out in England through the Intellectual Property Office. Many businesses wish to avoid unnecessary delays and register their trade mark as quickly as possible. In order to speed up your application, there are some precautions you can be aware of in order to avoid simple mistakes. This includes:
- familiarising yourself with the registration process;
- ensuring your trade mark is eligible for registration; and
- identifying in advance the applicable classes.
You may consider instructing an intellectual property solicitor to ensure the registration process is as quick as possible. Your brand will benefit from trade mark protection if successfully registered because you will be able to challenge other businesses if they use your trade mark without consent. The registration process can be time-consuming but your products or services can hugely benefit from holding exclusive rights, and being able to take legal action against competitors who breach your intellectual property rights.
If you need help with trade mark applications, 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
You should ensure to choose all the correct classes in your application in order to maximise your protection. If your trade mark is not protected in a class you trade in, a competitor would be able to use it in this area of trade.
The best way to speed up your application is to ensure it is done correctly the first time. You should ensure that your application meets all the requirements and also that you do not make any simple mistakes.
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