How to Select a Good Trade Mark for Your Business in England

When developing your business’ trade marks, it is important you know what makes a strong and effective trade mark. This article will discuss how to select a good trade mark and also note some common mistakes for you to avoid during the application process.

What is a Good Trade Mark?

A good trade mark is one that:

• meets the requirements set down by the Intellectual Property Office (IPO);
• represents your business’ products or services in a meaningful way;
• can help grow your business; and
• is easily recognisable among competitors.

This is a non-exhaustive list of points to consider when selecting a good trade mark for your business. 

The Effect of Registering Your Trade Mark

You should note the difference between registered and unregistered trade marks. You are free to develop trade marks and use them without registration. However, registering your trade mark with the IPO ensures your can limit how other businesses use your trade mark. 

In order to successfully register your trade mark, you must show that your company trade mark is distinctive and therefore unique in your industry. It must be distinctive in character and be in a format that can be registered. Your trade mark may include:

• words;
• phrases;
• colours;
• logos;
• sounds; or 
• a combination of the above.

The IPO also has requirements for what your trade mark can not be. These include:

• offensive marks;
• marks that are too descriptive of the service or product your business offers;
• misleading marks;
• common marks;
• generic shapes or symbols; and
• protected emblems or flags.

The process of registration is relatively straightforward. You will pay a fee of at least £170 dependent on how many classes you intend to register your mark within. Once your application is received, a check will be carried out to see whether any identical or similar trade marks already exist. If there are not, your application will be published in the trade mark journal to allow for third parties to oppose the mark on certain grounds. Provided there are no issues, your trade mark registration will usually be granted within three or four months. 

Representing Your Business

The protection you obtain from registering your trade mark lasts for ten years. This is a relatively long period of time, especially when you factor in any growth and expansion plans. Therefore, when you are designing your trade mark, you should bear in mind any potential growth you are intending to pursue. Your trade mark should be capable of representing your business’s goods or services for the entire ten-year period. Otherwise, you will not be maximally leveraging the value of any registered trade mark.

Trade Marks and Identifying Growth Potentials

When you are designing your trade mark for usage in England, consider the potential for growth. As stated above, your successfully registered trade mark will remain registered for ten years. During those ten years, it is important that your trade mark can assist you in your marketing, advertisement and development into different ranges of products or services.

Ensure your Trade Mark is Recognisable

Trade marks can take many forms and therefore can be used effectively to distinguish you from competitors due to the requirement of being distinctive. Trade marks are useful marketing tools that can be used to differentiate you from your competitors. In order to maximise the value of your registered mark, it is worthwhile to ensure consumers are able to distinguish your products or services within your industry. You should take care not to choose a mark that is too descriptive of your product or services as it will not meet the requirements of registration. For example, a generic word will not necessarily meet the criteria. But if you create a new word, this can set your business apart and make it very recognisable for consumers.

Key Takeaways

A trade mark is a useful tool in growing and developing your business as it can be used as a marketing and advertising tool. Equally, a good trade mark is one that is recognisable among competitors. Your ideal mark will be one that is easy to distinguish from others in your industry, and sets you apart from a design perspective. You should therefore bear in mind some important key points when you develop and select a good trade mark for your business. You must also take care to design a trade mark that is capable of representing your brand or business for the period of registration. If you intend to register the trade mark with the Intellectual Property Office, you should ensure it is capable of registration. Otherwise, you may submit a worthless application. 

If you need help deciding whether to file for a registered trade mark for your business brand, LegalVision’s 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