Trade Marks

Your trade mark is your most valuable asset

Do you have to register your trade mark?Which is why it’s imperative you register it as soon as possible.

It is possible to register it yourself (as we explain later), however, considering the potential pitfalls, we always advise you use a Chartered Trade Mark Attorney.

Our team will make sure every box is ticked – from clearance searches and classification choices to timely registration submission, so your brand is protected from potential infringement as soon as possible.

To make a no obligation enquiry, please either call us on 01284 619000 or Click here to make an online enquiry and we will be delighted to help you.

Extremely happy with the professional service provided by Ward Trade Marks in obtaining our trade mark. Their advice and support made the process stress free and I would not hesitate to recommend them to others.

Daniel Compton, Owner at Armadillo Sec Limited

What is a trade mark?

A trade mark can take on many forms: logo, word, shape, even a colour. It exists to protect your brand and reassure consumers of the commercial origin of your product or service, so competitors don’t mislead them.

Do you have to register your trade mark?

The simple answer to that is no. There is no legal requirement for you to register your trade mark, but, as we’ve already said, if you don’t, you could be putting your company’s reputation at risk.

Your reputation and goodwill will grow with your business.

Look at it this way; you’ve spent years (and a lot of money) to get your business off the ground. Through sheer hard work, you’ve established your reputation, and your brand is gaining traction.

If you don’t register your trade mark, because you don’t think it’s necessary or you think it’s an expense you can do without, and someone starts using the same or a similar name to yours, they could cash in on your success.

You could start losing customers. But even worse than that, if their product is substandard, the reputation you’ve worked so hard to build will be ruined.

What’s more, unregistered trade marks have no legislation to protect them. Your only recourse is using the difficult and costly-to-prove common law tort of passing off.

One more thing, the UK uses a first to file system. So, if you’re not first in the registration queue, someone else could get there before you and all your hard work would have been a waste of time.

Rachael is extremely personable and professional. She has handled all of our trade marking adventures over the last few years with success and efficiency. Highly recommended.

Mark Read, Managing Partner, Three Pillars Business Park

The advantages of registering your trade mark

Rachel Ward Ward Trade Marks

Rachael Ward, Founder of Ward Trade Marks

Before getting into the advantages of trade mark registration, it’s worth spending a bit of time dispelling a couple of misconceptions:

  1. If your trade mark is part of your company’s name registered at Companies House, it does not give you legal protection (it only prevents someone from registering the same or very similar company name at Companies House)
  2. If your trade mark is part or all of your domain name, you are not protected in law against trade mark infringement

There is only one way to make sure you have the law on your side, and that is to register your trade mark at the Intellectual Property Office (IPO).

Registering your trade mark gives your business:

  • Exclusive rights in the territory in which your trade mark is registered
  • Additional value because registered trade marks can be sold, licensed, franchised, and mortgaged
  • Ability to reap the benefit of a good reputation
  • Credibility, therefore, attracting more customers
  • A way of identifying the origin of your goods and services, so customers keep coming back to buy your products
  • Protection against counterfeit goods

One of the greatest assets of any brand is it’s IP. Working with Rachael is a joy – her professional insight, experience and clear (no jargon) communication enables you to make informed decisions about how and where you protect your brand. Whatever stage of business/brand development you are currently at, I’d recommend speaking with Rachael, to find out what you can protect and the best ways to achieve a robust solution, that’s fit for purpose.

Andy Boothman, Dress Code Shirts

What is a trade mark attorney, and why do you need one?

A trade mark attorney is someone qualified to act on your behalf, and offer advice, on matters involving trade mark law and practice, such as:

  • Working as an agent to apply for and obtain trade mark registrations
  • Providing legal and technical advice on a range of trade mark issues, including selecting new trade marks and making sure a chosen mark can be registered
  • Enforcing your trade mark rights in the case of infringements
  • Monitoring trade marks to check for misuse
  • Providing legal advice on licensing, brand identity and copyright issues
  • Finding commercial resolutions to disputes

Can I register my trade mark without using an attorney?

If you want to go it alone, nothing is stopping you from doing so although it’s worth remembering what’s at stake.

Trade mark law is complicated. Although registering your trade mark sounds relatively straightforward, it is a process that can easily trip up the unsuspecting amateur resulting in escalating costs and an unprotected brand.

Of course, using a trade mark attorney will attract a professional fee, but it’s worth it because, without them, you have to get across this obstacle course without dropping the ball:

  • Can i use the same Trade Mark as someone else?
    Trade Marks have to be unique, so you must search the trade mark registers to make sure none are existing that are the same or similar to the one you want to register.
  • What happens if i opt for the wrong goods or services?
    With 45 different classes of goods and services to choose from when filling out your application, if you opt for the wrong ones, your application will be rejected. As a result you’ll have to refile, attracting an additional filing free. Not only that, but you also run the risk of leaving yourself open to an ineffective registration if you fail to choose all relevant categories.
  • How long does it take to register a Trade Mark?
    The UK application process usually takes in the region of four months, without objection or opposition. So, if your application is rejected and you have to reapply, your brand could remain vulnerable for a further period of time.
  • When can i enforce infringements?
    Until your application is accepted and your trade mark officially registered, you can’t enforce any infringements. Therefore, the longer it takes, the longer your competitors could potentially use your mark without any legal consequences.
  • What happens if someone opposes my application?
    If your application is opposed, you will have to defend your claim on your own. In the UK, if you fail to do so, your application will be judged abandoned, and you may be liable to pay third party costs.
  • How will i know if someone is using my Trade Mark?
    Once you have your trade mark, you have to monitor the market to make sure no infringements occur

Using a trade mark attorney means they’ll file your application for you (and take care of everything else on the above list), meaning there’s a much lower risk it will be rejected saving you time and money.

Not only that, but they can also make sure your trade mark is registrable.

How can I be sure my chosen trade mark is registrable?

By now, you’ve realised that trade mark law is not as straightforward as you first thought. The same goes for choosing your trade mark.

The strength of your trade mark will determine its effectiveness and registrability.

Our trade mark pre-filing advice covers this issue. We’ll take a look at the trade mark you want to use and assess it’s strength.

In addition to all of that, you also have to make sure your trade mark is:

  • Easy to read and pronounce
  • Not guilty of having any adverse meanings in slang (in English or any other foreign language if you intend to trade abroad)
  • Not going to create confusion as to the nature of your product

By working with a trade mark attorney from the outset, they will advise you on the strongest trade mark to use. Not only to make sure your brand is protected but also to ensure your application is successful.

Remember, you don’t have to navigate this minefield on your own

Trade Mark Reviews

One of the greatest assets of any brand is it’s IP. Working with Rachael is a joy – her professional insight, experience and clear (no jargon) communication enables you to make informed decisions about how and where you protect your brand. Whatever stage of business/brand development you are currently at, I’d recommend speaking with Rachael, to find out what you can protect and the best ways to achieve a robust solution, that’s fit for purpose.

Andy Boothman, Dress Code Shirts

Extremely happy with the professional service provided by Ward Trade Marks in obtaining our trade mark. Their advice and support made the process stress free and I would not hesitate to recommend them to others.

Daniel Compton, Owner at Armadillo Sec Limited

Rachael is extremely personable and professional. She has handled all of our trade marking adventures over the last few years with success and efficiency. Highly recommended.  

Mark Read, Managing Partner, Three Pillars Business Park

Rachael worked with my daughter and me to trade mark our company name, Arya Candles. She is a true professional and a delight to work with. Highly knowledgeable and nothing was ever too much trouble.

Lina Hogg, Co-Founder & Director, Arya Candles

Rachael Ward provided us with excellent service over a period of over 3 years. Rachael is a very practical and pragmatic trade mark attorney: she gets quickly to the heart of a problem and is extremely efficient in her work. She has a good depth of knowledge about trade mark law, but never allows this to get in the way of clear-sighted, practical advice. I would strongly recommend any business to use Rachael Ward and Ward Trade Mark Services for trade mark matters.

Dr. Duncan Curley, Director, Innovate Legal

As a marketing and design company it has been in the back of my mind since I launched TukTuk Creative Marketing to trademark the brand. There have been a few local companies who have recently had to change their name and branding because another company has objected. I love our company name, and it brings to life what I wanted to do when I started the company – taking brands on an inspiring journey, and what better way than on a TukTuk. To lose the name now or in the future would be crushing. Rachel has been amazing from the start, and I whole heartily trust her to set up the Trademark and follow up with any issues that occur along the way.

Vicky Stanaway, TukTuk Creative Marketing

Rachael is very efficient and productive trade mark law expert which helped us to register trade marks for a few of our brands. She did great research and gave us loads of practical advice. The fees were very reasonable. We were very happy working with her.

Alex Ukolov, Baba Studio

I approached Rachael after working unsuccessfully with two other trade mark companies. Rachael was a joy to work with. She explained everything very clearly and was very open and upfront with her pricing. I was kept fully updated of the progress of my application. I am pleased to say I have now got my EU trademark, thanks to Rachael.

Cody Gapare, C-Lash

Our initial consultation with Rachael at Ward Trade Marks reinforced our focus regarding our branding and Company marketing for the future. Once BoMoJo was officially registered and published it enabled us to apply and acquire @BoMoJo as a Twitter username from an account that had been dormant for over 6 years. Twitter processed our request, swiftly and promptly and all was completed within a week, transferring our followers from @BoMoJoProd to @BoMoJo. Quite simply a first-class service is what you can expect from Rachael, who is extremely efficient, using her experience, knowledge and expertise to deliver your Trade Mark requirements. Rachael is thorough and precise. Cristina and Barry have absolutely no hesitation in highly recommending Ward Trade Marks.

Barry Burns, Founder and Creative Director, BoMoJo

Having been recommended to us by a trusted friend, we engaged Rachael to acquire a trade mark for our new venture, and thank goodness we did. What we thought would be a simple application, met with objections from a company in the US, however Rachael’s sound, professional advice, steered us through the negotiations to a successful conclusion, TM approved! I would not hesitate to recommend Rachael to anyone who is not an expert in such matters, (and the bill was very reasonable too!)

Lee Wells, Principal, Ablestoke Financial Group

Rachael was a business partner to Mars trade marks team advising on all product segments. Rachael applies a compelling mix of trade mark and commercial knowledge and experience to her advice. She is a clear communicator and client-focus is always number 1. A true collaborator and pleasure to work with.

Catherine Burge, EMEA Marketing Manager, Mars

As a branding agency, we believe that it’s critical for businesses to make sensible decisions about protecting their entities. We recommend using Ward Trade marks to our clients, as they fully comprehend the minutiae of the whole process and get it done in a fuss free, cost effective way, but most importantly, they make sure your brand assets are fully protected, which can alleviate a lot of potential heartache later on.

Jo Lilford, Director, Run Jump Fly

As a charity The Woodbridge Tide Mill Museum was hesitant to enter the world of trade mark protection for fear of endless paperwork and high costs. We were recommended to speak to Ward Trade Marks and it proved to be good advice. Bill and Rachael provided a fast, well-explained and cost-effective service so that the whole matter was resolved within a couple of months. No stress, no jargon just common sense, knowledge and experience. Highly recommended.

Simon Ballard, Woodbridge Till Mill Museum

Ward Trade Marks were fantastic to deal with, they explained everything in an understandable way which for the layman made it easy to comprehend and have efficiently seen our application through from initial discussion to fruition. As a charity our name means everything and we wanted to protect it.

Gary Hyams, CEO, Support 4 Sight

Friendly, knowledgeable people, who I feel we can trust with all of our Trademark concerns / issues.  The company is available when I need them (answer my queries out of regular hours – not something I can expect but something I really value and appreciate) and I feel ‘goes the extra mile’.

Dawn Dowds, Celebrated Ltd

-Loved your service. I thought the service was very friendly and professional and couldn’t ask for anything more really.

Rob Butterworth, MD, Butterworth & Son

Wow! Thank you so much for sharing this incredible news, you have made my day. You have been such a pleasure to work with and I am so glad I found you.

Kelly Hainsworth, Founder, Love Reflexology

Great attention to detail, good updates right through the process – we were new to the trademarking process, you supported us through the journey.  So from our perspective you fully met our requirement.

Nick Pryke, Precision Marketing Group

A professional yet personal tailor made feel to the service I received, you both made a daunting process a huge amount easier with patient explanation and plenty of prompt responses and follow up emails, updates and advice offered. I have no hesitation in recommending your excellent services to others!

Kim Anderson, Owner, dSide Design Ltd

The team @ Ward Trade Marks and especially Rachael have been instrumental in supporting and developing the IP @ Crude Coffee. As a new startup business I cannot recommend highly enough the help, guidance and IP strategy that Rachael and the team have created for us. I would not hesitate to recommend them to any other start-ups or established businesses looking to create, develop and protect your IP!

Ben Lion, MD, Crude Coffee

Rachael Ward is one of those rare individuals, in that she makes a really complicated subject appear very straightforward. She avoids jargon and simplifies every matter – enabling everyone to understand. She is thoroughly professional and has delivered a spectacular service to us over the last year. IP is a crucial part of our business and it’s great to know Rachael is in our corner. Rachael has provided many real successes for us – and I’m delighted to recommend her.

Charlie Dalton, Former Owner, Smart Offices Limited

Rachael and Bill were friendly, honest and knowledgeable. They guided us through the process really smoothly and I could not recommend them both enough!

Adam Storey, Director at Ocala Healthcare

The team @ Ward Trademarks and especially Rachael have been instrumental in supporting and developing the IP @ Frank and Earnest. As a new startup business I cannot recommend highly enough the help, guidance and IP strategy that Rachel and the team have created for us. I would not hesitate to recommend them to any other start-ups or established businesses looking to create, develop and protect your IP!

Ben Lion, Managing Director, Crude Coffee Roasters

Rachael is absolutely on the button, professionally; I completely trust her advice in dealing with any trademark requirements Spring has. More than that, though – she is good to work with. Where problems have arisen, she has taken responsibility for sorting things out, meaning I don’t have to worry, which really counts for a lot. I highly recommend her.

Erika Clegg, Co-Founder, Spring Design

Professional, knowledgeable, efficient, effective. Very highly recommended.

Adam Prescott, Founder, Revolution Fitness

Rachael has twice provided me with trade mark / IP advice and I couldn’t recommend her more. Like most people I know very little about this topic and am under confident about it, and Rachael provided clear, plain English and very helpful guidance. Throughout she was so friendly and responsive and made it actually a pleasurable experience!

Alison Harvie, Group Head of Communications and Marketing at Richmond Fellowship

Working with Rachael and Bill was a pleasure from start to finish, great legal advice and matched with a down to earth approach helped me through what could have been a lengthy process. Would highly recommend seeking out their advice before registering a trade mark and using their guidance to ensure protection in the future.

Catherine Menzies, The Stirrup Tap Bar

The world of trade marks is very specialist and there is no one other than Wards that I would recommend

Sarah White, Founder - Network IN

Thanks once again for being so efficient and making this part of the process so easy for me.

Arati Nar, Founder, Anara Skincare Ltd

The service was very positive. For many it is a mine field, where expert knowledge is paramount. Lay people would be struggling to make sense of the terminology. Rachael was very helpful from the outset. Able to answer all my novice questions and helping make the process as easy as possible.

Julian Bigg, Owner, Fresh Produce

I found the service at Ward Trade Marks very personal, professional and accessible. The initial analysis work was very quick and comprehensive and the trademark application process was dealt with thoroughly. I found it a useful process which does make you realise the value of involving a professional for trade mark applications.

James Borrett, The Olivologist

I have recently been a client of Rachael’s and can highly recommend Ward Trade Marks. Rachael was extremely helpful, approachable and professional; and her communication is outstanding! Even throughout the recent lockdown period, she continued to provide updates and support. I was delighted to receive my trademark approval and am very thankful to Rachael for helping me to achieve this

Kelly Hainsworth, Love Reflexology

Make an Enquiry

To make a no obligation enquiry, please either call us on 01284 619000 or make an online enquiry and we will be delighted to help you.

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