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As a UK business preparing to register a trade mark, it is essential to know how to avoid simple mistakes during the application process. If you fail to obtain a trade mark, it could open your mark up to possible copying from competitors and impact your brand. This article will discuss the process of applying for a trade mark and provide tips on ensuring a successful application in obtaining trade mark protection.
Researching Your Trade Mark
If you are a business thinking about trade marking, you likely have a design in mind for a logo or even an idea for a sound or slogan. Before you commit to one particular trade mark, it is helpful to conduct some research. Search the trade mark database to check if anyone has a similar or identical trade mark to the one you have in mind for the same goods or services. You must also check the EU trade marks register for an EU application currently pending. Once you are content that your concept is not registered, you can continue to the next step.
What You Can Register
The principal requirement of a trade mark is that it must be unique. Trade marks can be as creative as you like and include logos, sounds, colours, words, or any combination of these. However, trade mark designs cannot be:
- offensive;
- descriptive of the goods or services of the business;
- misleading in describing the goods or services;
- a three-dimensional shape;
- common or non-distinctive in character, particularly with slogans or words; or
- similar to state symbols.
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Trade Mark Classes
Trade marks use a classification system to describe the goods or services you will be using the trade mark on. There are 45 different classes which, each contains a list of terms. You must choose the correct class and terms within this, as you can only protect your trade mark for the specific goods or services you select.
The application process allows you to search the trade mark classes to choose the correct one for your business. You can also pay an additional fee to cover more classes with your application, which is helpful if you feel your trademark could fit into multiple descriptions and want to ensure maximum protection.
In this respect, it is essential to look ahead in your business to determine how your products and services could evolve and whether the trade mark you are registering can follow that progression while still being reflective of your brand.
Potential Oppositions to Applications
Once you apply, you will receive feedback within four weeks, referred to as the examination report. If there are any issues, you then have two months to resolve them. If no objections arise, the Intellectual Property Office (IPO) will publish your trade mark in the trade marks journal for two months, whereby anyone can oppose it.
Suppose your trade mark is similar to a trade mark already registered. In that case, the IPO will contact the owner of that trade mark to inform them of your application. They will have the opportunity to oppose your potential registered trade mark.
The IPO will register your trade mark after you resolve any oppositions. Following this, you will receive a certificate.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
Trade mark applications are relatively straightforward. However, doing your research is of paramount importance. You must ensure your potential trade mark meets the requirements in that it is unique and takes the correct form. Further, you must ensure that you are not applying to register a trade mark that already exists in full or partial form, as this can result in a wasted application.
If you need help or advice around structuring your joint venture agreement, 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
Yes, you can register a trade mark without any support. However, you can engage trade mark solicitors to make the process easier or more time efficient.
Registration lasts for ten years and then must be renewed. However, you can renew it indefinitely.
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