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As a UK business owner, you might consider protecting a particular logo or design concept you have created for your brand with a registered trade mark. If so, you must understand the requirements to obtain a valid registered trade mark successfully. This article will explore the different considerations when attempting to become a trade mark owner.
What is a Trade Mark?
Trade mark registration is designed to protect something that distinguishes a business, and in this way, it can be crucial to brand identity and reputation. A registered trade mark enables consumers to immediately identify a brand regardless of the type of product it is placed upon. It can take almost any form, including words, symbols, colours and sounds or even a combination of these.
Additionally, you should create trade marks with future business growth in mind. A strong trade mark will not only fulfil its purpose of representing the current brand identity but will also have the flexibility to grow with your business. A trade mark owner should be aware of the benefits of their business growth through the exclusive rights granted for their goods or services.
Requirements for a Registered Trade Mark
To obtain a registered trade mark, you must choose something unique in your product or service industry. Utilising the trade mark database, you can filter through any similar marks that can potentially impede the success of your application. Alternatively, suppose you find a mark similar or identical to your own, you can request the holder to provide you with a letter of consent to use it. You should then submit this letter when you lodge your application.
Furthermore, to be successful in applying to the register, you should ensure your trade mark does not:
- cause offence;
- mislead consumers;
- include commonplace phrases or words;
- include descriptive words;
- include flags or emblems; and
- include three-dimensional shapes that are commonplace.
The above restrictions are important in securing a successful application. Accordingly, you should carefully consider them when designing any potential trade mark.
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What if Someone Copies My Trade Mark?
If you know someone who has copied your trade mark, you can bring legal proceedings against them under intellectual property law. Trade mark registration protects you against this exact situation. Therefore, if you discover someone using your trade mark, you should seek legal advice as soon as possible to bring infringement proceedings.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
The Process of Applying for a Trade Mark
You can lodge an application with the Intellectual Property Office and submit any relevant documentation for a fee of between £50-£200, depending on the type of application. You will receive feedback from the Intellectual Property Office within four weeks, raising any potential objections. If objections are an issue, you can choose whether to withdraw your application, defend your application or speak to the person who made the application.
Your trade mark will also be published in the trade marks journal for two months. As a result, anyone can observe this and lodge an objection. The Intellectual Property Office will contact you with any information on objections that you can seek to rectify. If there is no objection to your application, the IPO will register your trade mark around two weeks after finalising the objection period and issue a certificate accordingly.
Key Takeaways
A valid trade mark application includes multiple components. The trade mark itself must be unique and take the correct format. Further, it must not be similar to an existing trade mark on the database. Trade mark applications can take around four months to complete considering the various application stages, consideration by the Intellectual Property Office, potential objections from third parties and finally, registration and issuing a certificate.
If you need help 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.
Frequently Asked Questions
The period for each application can vary depending on whether there are any objections to your application, either by the Intellectual Property Office, third parties, or both. The average timeframe is around four months.
You can renew your trade mark every ten years indefinitely. However, if you do not use it for five consecutive years, you risk trade mark revocation due to non-use.
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