Do Businesses Need to Trade Mark a Logo in England?

Businesses in England often use logos to identify and promote their products and services. Suppose you have a business in England and are currently using a logo. In that case, you may wonder whether you need to register it with the Intellectual Property Office (IPO) as a trade mark or otherwise maintain it as an unregistered trade mark. In this article, we will explore why you should trade mark a logo for your business in England. 

Do I Have to Trade Mark My Logo? 

In England, registering your logo will help to increase protection over your business’ identity and consumer trust. Additionally, you may even wish to expand into other jurisdictions in the future. Trade mark registration lasts for ten years before requiring renewal. It is a cost and time-effective mechanism for protecting your business. So, you should seriously consider it if your logo is an integral part of your brand.

Some examples of protected logos include:

• Nike’s tick;
• McDonald’s logo;
• Apple’s logo; and 
• Amazon’s logo.

 These logos are all critical in identifying each brand.  

Registered and Unregistered Trade Marks 

There is no legal requirement to register your trade mark in England. Therefore, you can use an unregistered trade mark. If you wish to register your trade mark, you will need to: 

• apply to the IPO;
• meet specific requirements; and 
• pay the appropriate fee. 

Further, registration provides you with exclusivity over the usage of your trade mark and complicates the process of challenging a competitor for infringing your rights. 

In contrast, unregistered trade marks are not registered with the IPO.

What Are the Requirements to Register a Logo?

To successfully register your logo with the IPO, you will need to ensure your logo is:

• distinctive and unique in your area of industry;
• not identical or similar to any other logo which has trade mark protection;
• not too descriptive;
• not a protected emblem or symbol; and
• not offensive

 You must also pay the fees attached to the application. Typically, this fee is £170 at a minimum. 

Trade Mark Symbols 

You are not required to use symbols next to your trade mark. However, by doing so, you are showing others that you are claiming ownership over your logo. If you are using an unregistered trade mark, it is advisable to put the ‘™’ symbol to highlight to other businesses that you are willing to enforce your rights over this logo. 

This is an essential step for unregistered marks, as you must prove your ownership if you wish to challenge a competitor for infringing your rights. In contrast, if you register your logo, you can use the ® symbol next. The ® symbol is reserved for registered trade marks. Therefore, using it shows competitors that you have registered your trade mark and have exclusive rights over its usage.

Benefits of Trade Marking Your Logo 

Trade marks, particularly logos, are handy tools for your business. A logo is an identifier of your business or brand. It would help to protect it so consumers can easily recognise your business. Other valuable benefits for your logo are:

• advertising;
• marketing materials;
• building trust among consumers for your products or services;
• growing your business to include new products or services; and
• expanding your business into different jurisdictions.

To ensure you provide your business with adequate protection, it is advisable to trade mark your logo. If you do not protect it, a competitor could design something highly similar or identical and use it themselves. This can significantly impact your business’s reputation, and you may have to change your logo entirely.

Key Takeaways 

In England, it is not a legal requirement to trade mark any symbol or logo. However, it is highly advisable, mainly if your logo is a significant part of your product or service’s marketing strategy. Logos build consumer trust and enable your business to be easily recognisable among competitors. They are a part of your business that will likely require protection, so you can challenge anyone who infringes your rights.

Therefore, registering your trade mark with the IPO offers strong protection if anyone infringes your IP rights. Although, you must meet specific requirements to obtain registration, namely that your mark must be distinctive and unique in your areas of industry. You will also have to pay a fee for your application. 

If you need help or advice around registering 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.

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