Trade Mark Registration | Register A Trade Mark
Trade mark registration is essential, regardless of the size of your business.
You can use your proposed trade mark without registering, but if you do, you’re leaving your brand, reputation, goodwill, and business vulnerable. That’s why registering your trade mark should be one of the first things you do.
Our experienced team will:
- Help you choose a registrable mark
- Conduct all the necessary clearance searches before submitting your application to register a trade mark
- Make sure your application lists the appropriate classes of goods and services
- Complete and file an application with the UKIPO or EUIPO (we can also file applications in any overseas country)
- Correspond with the UKIPO and EUIPO on your behalf and respond to any official objections raised against your application to register a trade mark
- Correspond with any other business that objects or opposes your application
- Offer advice on how to best protect your trade mark while in use
- Provide a watch service to monitor the market and take action against any marks applied for that clash with your own, and oppose their registration
- Make sure your trade mark registration is renewed as necessary to make sure you’re covered at all times
All of that adds up to a comprehensive trade mark registration service that will protect your brand.
To make a no obligation enquiry about registering your trade mark, and to find out detailed costs, please either call us on 01284 619000 or Click Here To Make An Online Enquiry and we will be delighted to help you.
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 Does Registration Give You?
Once registered, only you can use your trade mark in the territory in which it is registered (e.g. UK, EU, USA, etc.). If someone else does try to cash in on your mark, you have the weight of the law on your side and can sue them.
The legal recourse we mentioned above is called trade mark infringement. If you don’t register your mark, the only course of action you have is the common law right of passing off.
However, if you rely on that, you must be able to prove your goodwill and reputation concerning the trade mark, and that the other party made an actionable misrepresentation which has caused you damage. But, this is a costly and challenging avenue to go down, with variable results, which is why we always recommend registration.
A registered trade mark is a valuable commodity that can be sold, licensed, franchised, and mortgaged. Of course, over and above that, it also adds credibility to your goods or services. This perceived value is very attractive to customers.
Proof of origin
The market is saturated with counterfeit articles. By registering your trade mark, you’re giving consumers the peace of mind that they’re buying a genuine item, and helping Trading Standards and the police stamp out the copycats.
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
What’s the difference between TM and ®?
In our view, TM should stand for ‘Totally Meaningless’.
It is the symbol that denotes an unregistered trade mark. All it tells you is that the word, logo, phrase, or symbol preceding it is being used as a trade mark. Really, it can be used in absolutely any scenario, as it has no legal significance. However, being unregistered, it’s not protected by legislation.
If another company use the unregistered trade mark or something similar, the only legal process you have to fall back on is the tort law of passing off, which is difficult and costly to prove.
In contrast, the ® symbol indicates a registered trade mark and is protected under UK legislative law. If anyone else uses the registered trade mark or something similar, they can be sued for trade mark infringement.
By the way, if you use the registered symbol without actually registering your trade mark, this is an offence under UK law, punishable with a fine.
When should you register your trade mark?
The simple answer to that is immediately.
The UK uses a ‘first to file’ system, so if you’re slow off the mark, someone else could get their mark (that’s similar or the same as yours) registered first. As a result, all your hard work and investment could be for nothing.
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
What is the registration process?
The process begins as soon as you decide on a suitable trade mark.
Once you’ve done that, clearance searches must be conducted to make sure the mark you have chosen is available for registration (in each country in which you do business).
Next comes the application to the UK Intellectual Property Office (UKIPO). Within this, you must choose the class(es) in which you wish to register your trade mark. There are 45 classes in total, and a charge is made for each class covered in your application. We will select the right classes during our pre-filing advice session. Not only that, we will make sure that the list of goods and services used for the application is perfectly worded to reflect what your business does or intends to do once launched.
You must also consider whether it’s necessary to apply for registration in other countries as required by your business strategy.
How long does the registration process take?
The whole registration process can take around four months in the UK, and up to nine months in the EU.
It all starts with the preparation stage. This is when the searches take place, and the application is completed, including your class choices.
Then your application moves on to the examination stage, which is usually conducted in two to three weeks after filing. This is a technical examination to make sure your application is legally suitable for registration.
Next comes the publication stage. This means your application is published in either the Trade Mark Journal (for the UK) or the Community Trade Mark Bulletin (for the EU). It will be published for a period of two months (three for an EU application) – this is called the Opposition Period – during which, your trade mark can be opposed or challenged by any third party. This period can be extended to three months by anyone considering an opposition (the UK only).
Finally, you reach the registration stage. This happens automatically after the expiry of the publication period, as long as no oppositions have been received.
Although a lengthy process it’s worth noting that your protection is back-dated to the date of your application. So, if anyone has infringed your rights since that date, you will have legal recourse.
We can’t stress enough the importance of registering your trade mark. Failure to do so will risk the reputation you’ve worked so hard to build. Don’t let someone else bask in your success – protect your brand, intellectual property, and goodwill now and get your trade mark registered.
Free Guide: Everything A Business Owner Needs To Know About Trade Marks
The guide will explain to you in detail the essentials of trade mark protection including:-
- Choosing a distinctive brand name – why a good choice will resonate with your customers and reduce your advertising and marketing spend.
- The importance of avoiding the descriptive/ generic trade mark trap.
- The importance of pre-filing searches – done the correct way – to avoid future legal action against you and the risk of having to rebrand.
- Strategy on when to time your application.
- Realising the value of your trade mark – why your trade mark is considered an asset on your balance sheet.
- The importance of maintaining and enforcing your registered trade mark rights once your mark is registered.
Simply enter your details below to receive this guide instantly:
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.