Tips to Register a Trade Mark for Your Brand

If you are a business owner, consider creating and registering a trade mark for your brand. Trade marks are a great way to build your brand and generate a solid customer base. Further, registration allows you to bring legal action against anyone who infringes your trade mark. However, registering your trade mark can be a long and complex process. This article explains several essential requirements you need to know when registering a trade mark for your brand.

Trade Mark Essentials

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

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What is a Trade Mark?

A trade mark is a badge identifying your business and brand. It is a mark that distinguishes your business among the industry you work in and across the products or services you provide. Trade marks are a popular form of intellectual property and are crucial in protecting your brand and reputation.

What Form Can My Trade Mark Take?

Creating a trade mark can involve a lot of creativity, as it can take many forms, including: 

• logos;
• words;
• slogans; and
• music 

The most crucial aspect of your trade mark is that it must be distinctive or unique for your products or services. So, it cannot be:

• offensive;
• similar to another brand selling the same type of products or services (for example, a clothing retailer could not trade mark their brand as “Nikey”);
• descriptive (for example, a television supplier could not trade mark a range of TVs as “Home Televisions”); or
• generic or use common words used in the industry. 

Additionally, you must design the trade mark carefully to meet these requirements. If your trade mark is not distinctive for your business, you will be unable to register it successfully. Therefore, try to be creative and unique with your design.

The Registration Process 

Before applying to register your trade mark, search for currently registered trade marks to ensure there are no identical or similar registered ones that already exist in your industry. 

To register your trade mark, you must apply to the IPO. A standard application will cost £170, plus £50 per additional class if you wish to register in multiple classes. A trade mark class is something you must select for every application to register your trade mark. Essentially, it is a group identifier. For example, clothing is usually registered in Class 25. 

Your product or service is usually easily identifiable in one of the 45 trade mark classes. However, if you feel there is an overlap between classes, you can submit a multi-class application where you choose to protect your trade mark in several classes or industries. This application will cost £50 for each additional class selected for registration. Registering a trade mark in multiple classes will better protect your product or services against competitors.

Timing of Applications 

The IPO will typically review your application within one month of receiving it. 

Once your application is deemed acceptable, the IPO will publish your mark in the Trade Marks Journal for at least two months, which is open to objections from third parties. If nobody objects to your trade mark, the IPO will register your trade mark and give you a certificate. You can expect to receive the certificate within two weeks after the end of the publication period.

Can I Register My Trade Mark Outside the UK?

You can register your trade mark outside England, although this will involve making additional applications. Any application to the IPO will result in registration in England. Therefore, you would need to apply for European Union protection or international protection through different organisations. It is advisable to seek support through a legal professional for additional applications.

You might be looking to register a trade mark in a country that is a party to the Madrid Protocol agreement. In that case, you may be able to make an international application under that protocol, allowing you to register your trade mark in those countries.

Key Takeaways 

To register a trade mark for your brand, you should first ensure your trade mark is unique and distinctive within your industry. Additionally, you should conduct checks to ensure that another business or competitor has not registered the same or similar trade mark. 

After performing these checks, you can begin applying with the Intellectual Property Office. You must select relevant classes to register your trade mark in or select multiple classes if you feel your product or service overlaps with more than one. This will cost an additional fee but may be worthwhile if you want to maximise your intellectual property rights and protections.

If you need help registering a 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 prepare your application. Call us today on 0808 196 8584 or visit our membership page.