How Can I Trade Mark a Logo in England and Wales?

If you are a business in England and Wales and you have created a logo or are considering creating one, you may wish to consider trade mark protection. If you do not register a trade mark, it can be difficult to protect your brand, reputation and products from competitors. This article will discuss how to trade mark a logo for your business and the potential benefits of doing so.

What Can I Trade Mark?

Your trade mark must be unique, but it can take many forms. It is vital that you conduct a check on the trade marks database. If another business has already registered your trade mark, you will be unlikely to successfully register it. In this case, there are several steps you can take. Trade Mark checking is therefore an important first step to ensure you are not infringing on another business’ trade mark rights.

Once you have ensured another business has not registered your trade mark, you can proceed to the next steps for registration. The Intellectual Property Office allows for many different forms of trade mark registration, including:

• words;
• colours;
• slogans; and
• logos.

Your trade mark must not be offensive or misleading in any way about the product or service you provide. It must also not be commonplace or too descriptive or look too similar to a state symbol.

When you submit your application, you can make a series application with up to six marks that must all look or sound the same, or mean the same thing. However, they can have minor differences. You will also have to pay a fee in order to register. You will also need to choose which areas of trade or classes, your trade mark falls into. For each class you wish to select, you will pay an additional fee. It is important to choose all classes you feel are appropriate to protect your logo or other marks, as it will only receive protection in the classes you select. There are 45 classes in total and you should be able to select the most appropriate areas of business for you relatively easily. If you are in doubt, it is wise to consult a specialist in intellectual property.

Registration Process

Trade mark registration takes approximately four months. Once the IP Office registers your trade mark, you can take action against any competitors using your brand without permission. This includes those attempting to counterfeit your products or services.  

You will also be able to use the copyright symbol, or the ® symbol, The latter is used in England and Wales to show that the brand has registered its trade mark with the Intellectual Property Office. It will also deter others from using your logo, symbol, or slogan.

Benefits of Registering Your Logo

The most important benefit of registration is exclusivity. By registering your trade mark with the Intellectual Property Office, you will gain a monopoly on your mark. You can also ensure that nobody else registers it for themselves in your area of trade. 

Trade mark registration provides you with a strong foundation for expanding your business as your trade mark will become synonymous with your brand and reputation. If a competitor attempts to use your trade mark without consent you can start legal action against them and gain compensation for any detriment caused to your business. Registration, therefore, provides you with important legal rights and protections that you would not be afforded otherwise. 

Further, your reputation will be consolidated around things that are often trade marked such as logos or slogans. Once you have protected these things through trade mark registration, you can use them in an exclusive way. As your business grows, so too will your recognition within the market. Your trade marked logo, for example, can be used as an easy tool to recognise your brand and therefore customers will be able to build trusting relationships with your business in an easier way. 

Examples of Trade Marked Logos

 Some companies that have trade marked their logos include: 

• McDonalds;
• Nike;
• Apple; and
• Microsoft.

These companies all possess trade mark logos that are easily identifiable and instantly identify their businesses. 

Logos are only one example of how a trade mark can be a powerful tool to expand your business, however, it is easy to see how this type of exclusivity is important, particularly if you intend for your business to grow on an international scale. A logo can be important in this way, as it easily passes across different language and cultural barriers, unlike a slogan in one language for example.

Key Takeaways

Logos are important tools in business and can be trade marked with the Intellectual Property Office in England and Wales. You must first ensure another business has not registered your logo by checking the online database. If not, you can go on to complete your application and submit the appropriate fee.

Once you have successfully registered your trade mark, you will be granted exclusivity over your logo within the classes you chose in your application. This means that no other business can use your logo in those areas of business without your consent. If a business were to do this, you would be able to enforce your legal rights under intellectual property infringement.

If you are considering registering for a trade mark, 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