Trademarks

• Words
• Letters
• Numerals
• Slogans
• Designs
• Internet domain names
• Shape of goods
• Packaging of goods
• Moving digital images

• Smells
• Sounds
• Colours
• Gestures

Trade Marks are registered against the categories of goods and services specified in the application process. There are 34 classes of goods and 11 classes of services. It is possible for the same trade mark to be registered by different people in respect of different goods and services (although you should exercise caution and seek advice in this circumstance).

1. Be in use in relation to the relevant goods and services in respect of which it is being registered, or there must be an intention to use the trade mark in relation to such goods or services;
2. Be distinctive;
3. Be capable of being represented graphically;
4. Be capable of distinguishing your goods or services;
5. Not merely be descriptive of the characteristics of the goods or services, such as kind, quantity, quality, purpose, value or origin;
6. Not consist exclusively of signs or indications which are customary in the current language or in the trade process;
7. Not look or sound the same, or be confusingly similar to an existing trade mark that is registered against the same or similar types of goods or services, or in some cases any type of goods or services (unless you have the owner of the relevant trade mark’s permission); and
8. Not be applied for in bad faith, offensive, deceptive or against the law.

When choosing or designing your trade mark you should bear in mind:

1. Invented words (eg Spotify) and words which have no connection with the goods or services they represent (eg Mars) have the best chance of being accepted; and
2. Adding a distinctive logo or picture to your trade mark can make the mark registerable if it is otherwise unregisterable.

Trademarks are best protected by registration on an appropriate trademark registry. The Intellectual Property Office (IPO) controls the UK trademark registry.

A registered trademark carries the following benefits:

• It gives you the exclusive right to use the trademark in the UK in connection with the goods and services in respect of which it is registered.
• It protects the value of your ‘brand’ and can be an effective deterrent to would be infringers.
• It is a valuable asset that can be commercially exploited, for example by licensing or assignment.
• You have an indefinite right to renew the trademark (renewal is required every ten years).
• Making a claim for infringement of your trademark can be straightforward in the event that someone uses an identical or similar trademark in respect of identical or similar goods or services without your consent, and in certain circumstances even if the goods or services are not similar to those against which the mark is registered.

In order to be registered a trademark must be distinctive and not confusingly similar to an existing trademark registered in respect of the same or similar goods and services (trademarks registered against other classes of goods and services must also be considered).

• Initial advice on your trademark and relevant trademark classes.
• A search of the UK, Community and International trademark registries and other relevant sources (for trademarks that have effect in the UK) to anticipate any problems with the application.
• The option of a Right Start application.
• Drafting and submission of an application to register a UK trademark on your behalf.

Note: Our Standard Application service does not include fees for dealing with any formal objection to the application.

We can also assist you with Community or International Trade Mark and Patent applications on request. Please contact us to discuss your requirements.

Register your interest:

Click the ‘MAKE ENQUIRY’ button below to learn more about our Trade Mark Registration Service and how we can help you.