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As a small business owner, you might consider registering your business’ trade marks. A trade mark is something that differentiates your business’ product or service from other businesses. By registering a trade mark, your business obtains the exclusive right to use the trade mark. This means that in the event that other traders use an identical or similar mark, you can enforce your legal rights. However, to successfully register a trade mark in the UK, the trade mark needs to be distinguishable. This article will highlight the five points you should consider when selecting a good trade mark.
1. What Form Will Your Trade Mark Take?
A trade mark is an extremely versatile concept and can take many forms for your individual brand. A trade mark’s distinguishing feature can vary from:
- symbols;
- words;
- sounds;
- colours; and
- shapes.
You will need to consider what your business and its product or service represent in order to design something unique that immediately identifies your business. It is vital that your trade mark is distinguishable; the more unique your trade mark is, the higher the success rate for registration.
Trade marks that involve sounds, smells, and colours are generally more difficult to register compared to words or logos. However, your trade mark must not be without a distinctive character, and consequently, it is better to avoid using things like simple shapes, standard colours, unoriginal slogans or marks that are already popular within the industry. By creating something unique, you will have greater success in obtaining a registered trade mark.
2. Does Your Trade Mark Contain a Restricted Sign?
There are some restrictions on what forms your trade mark can and can not take. Your trade mark cannot be:
- offensive;
- merely describe the product/services your business offers, such as ‘fruit’ for a fruit company;
- misleading;
- a three-dimensional shape;
- a common or simplistic statement that is used often; or
- too similar in appearance to state symbols such as national flags.
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3. Has Another Business Registered a Similar Trade Mark?
If you have already designed a trade mark, you will need to evaluate whether your current mark is capable of being registered. Namely, you must ensure that you have not inadvertently designed something that infringes on another person’s intellectual property rights.
You can do this by checking the UK trade mark register, which allows you to search for a keyword, phrase or image. By utilising this tool, you will be able to confidently proceed with registration without worrying that your trade mark is too similar to another registered trade mark. This is an invaluable resource for all businesses seeking to register a trade mark and essentially provides some security before you submit your application.
4. Is Your Trade Mark Suitable For Future Business Development?
Business owners need to choose a trade mark that represents their present and future products or services. If you are a new business, you may not be thinking too far ahead. However, registering a trade mark is a commitment, and you must consider your future business development and expansion when submitting an application for registration.
It is also worthwhile to consider how your trade mark will be received by other countries. If your business has the potential or is currently trading overseas, certain trade marks will be more successful than others in maintaining a consistent message across different countries and cultures.
5. How Much Does Trade Mark Registration Cost?
Depending on your business, the cost and timeframes associated with trade mark registration can be very important, particularly when you are aware of competitors in your industry.
The cost of registration is between £40-£250 depending on the type of application. This is important to note, as if you are not successful in your first application, these costs can add up if multiple applications have to be submitted.
In terms of timeframes, applications take an average of four months to consider. This is important as if you were forced to submit multiple applications, the timescales would add up significantly.
Key Takeaways
Having a sound understanding of trade mark design and registration is crucial for business owners. You should:
- ensure your trade mark is distinguishable from others;
- avoid restricted signs;
- conduct a trade mark search to ensure a similar trade mark is not already registered;
- consider your business’ future development; and
- consider the cost and time involved when applying for trade mark registration.
If you need help or advice around registering your business’ trade marks, 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.
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