Table of Contents
Suppose you are considering registering an image or logo as a trade mark. In that case, you will need to know the steps involved in the process to make the registration as straightforward as possible and secure legal protection for your brand. This article will discuss the steps involved and outline what to look out for during the application process.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
1. Design Your Image With Others in Mind
The first thing you should do with your image is focus on its design. This will allow you to create a brand image that distinguishes your business from others in your trade area. The result is that you will hopefully create something unique. Within the UK, a trade mark must have a distinctive character, which the Intellectual Property Office (IPO) will assess, keeping the average consumer in mind.
A trade mark seeking to be registered must be capable of directing customers to the product’s origin. Therefore, to be successful at registering a trade mark with an image, something distinctive must easily identify the product’s origin. Additionally, your image cannot be a generic image that could have any meaning.
Furthermore, you can ensure your trade mark does not already exist in a similar or identical character by searching the online trade mark database, which shows every registered trade mark within England and Wales. It is a crucial step in the registration process, and you must undertake it at the start to make the amendments necessary if a similar trade mark already exists.
2. Choose the Correct Classes for Your Trade Mark
Trade mark classes are groups of goods or services that cover a vast number of trades. There are 45 trade classes in total, including 34 goods classes and 11 services classes. For example, if you sell hats, you would want to choose class 25, which includes headgear. You may also want to include additional classes to maximise your protection across multiple goods and service areas.
It is worthwhile investing in multiple classes if you feel your business is relevant to particular classes now or will be within the next few years. Trade mark registration lasts for 10 years before you need to renew it. Therefore, you must protect your image to the fullest throughout that period.
Your trade mark will only be protected for the goods or services you select as part of your application. Once you have applied, you can not amend your application. So, you would have to submit another application if you realise you forgot to add an additional class. Suppose you require any assistance with registration and classification in particular. In that case, you can either email the IPO directly or speak to an intellectual property lawyer specialising in this type of application.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
3. After Registration
Once you successfully register your trade mark with the IPO, you will have the right to take legal action against any business using your trade mark without your consent. To show other businesses your registered trade mark, you can use the ® symbol. This will deter others from using your trade mark, as they will be aware legal action could be taken against them. These legal actions are known as infringement proceedings.
Key Takeaways
When you are seeking to register a trade mark, you should always ensure your image is something distinctive in character. It should be creative and reflect the origin of your product. You can conduct an online search of all registered trade marks to ensure yours is not too similar or identical to another business’ mark. Further, you should carry out this search as early as possible to avoid any time delays later on.
If you need help deciding whether to register 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 draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A standard trade mark application can cost a minimum of £170. Although, it can cost more depending on additional classes or potential international registrations. You can find out the cost of all applications directly from the Intellectual Property Office.
The ® symbol is recognised as the symbol for registered trade marks. Using this symbol next to your trade mark will inform anyone who sees it that your trade mark is registered and, therefore, legally protected.
We appreciate your feedback – your submission has been successfully received.
