The Intellectual Property Office (IPO) restricts certain words and features when it comes to trade mark applications. Therefore, if you wish to register trade marks, you may want to familiarise yourself with these restrictions. This article will discuss the restrictions on trade mark registration in the UK.
Overview
Your trade marks must be unique in character and distinguish your business from competitors. Consumers should be able to link the trade mark in the context of your business’ industry. Therefore, the IPO prefers creativity when it comes to trade mark registration applications. This is because the more creative, the more likely it is to be unique and distinguish your business.
The rights you obtain from registering your trade mark protect your business.
Key Features
A trade mark can include any number of things such as words, logos, symbols, sounds, colours or any combination of these. As stated above, you should maximise the creativity behind the trade mark. As part of your application, you can include up to six marks. These marks should all look fairly similar with any differences being minimal.
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Things to Avoid
There are a number of things that are not eligible for trade mark registration. These include:
| Offensive content | Your trade mark cannot include any swear words or imagery that would be deemed inappropriate or offensive. |
| Phrases or words that describe the goods or services your business provides | If you run a fast food business, you cannot have the word ‘food’ as a part of your trade mark. |
| Misleading terminology | You cannot include the word ‘organic’ if your food business does not produce organic food. |
| A three-dimensional shape | You cannot trade mark the shape of a ball if you are a business that sells footballs. |
| Generic or non-distinct terms | You should not use common phrases. |
| Protected symbols or emblems | You can not register any state flag, official signs, government organisation names or abbreviations or any other official emblem that is recognised. |
What Do I Do if My Trade Mark Is Already Registered?
Before registration, you should check the trade mark database to see if there are any pre-registered marks similar to yours. You should also check the EU trade marks register if you are considering an application within the European Union.
If you find that your trade mark has already been registered in an identical or similar form, you will not be able to register that trade mark again. Therefore, you have two options:
- You can request that the holder of the registered trade mark gives their consent for you to register your trade mark. If they agree to this, they will write you a letter of consent which can then be attached to your application to register your trade mark.
- Alternatively, you can redesign the trade mark.
You can check the database based on keywords, phrases, or even images.
Key Takeaways
To successfully register a trade mark, you must ensure it is unique in character and distinguishes your business within the area of trade you work in. But your trade mark cannot include:
- offensive material or words;
- generic descriptive terms;
- three-dimensional shapes relevant to your business;
- phrasing or words that describe your product or service;
- misleading words; or
- protected symbols or emblems.
It is important to ensure you do not include any of these within your trade mark design as it will not be eligible for registration if you do include it.
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
What form can my trade mark take?
You can use a word, phrase, logo, colour, sound or any of these in combination to create your trade mark design. The key is to make the trade mark unique and distinguishable for your business and area of trade.
What should I avoid when designing my trade mark?
You should avoid anything offensive, generic, or descriptive in terms of what your business sells, and also do not include any protected flags or emblems.
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