Protecting your brand with Trade Mark registration

03 July 2019

Protecting your brand with Trade Mark registration

Trade mark protection provides you or your company with the legal right to prevent others from using your brand names and logos.

Why should I protect my brand?

A trade mark protection will provide you or your company with the legal right to prevent others from using or copying your brand names and logos.

It also shows you take your brand seriously and understand its value as a company asset that can grow in value significantly.

What can be trade marked?

A phrase, word, symbol, device, or even a colour, or a combination of these, can be eligible for trade mark protection.

Can I protect my brand in the UK?

Yes. We regularly help clients protect their brands and logos with trade mark protection.

How much does it cost?

Our costs start from £320.00* for a single trade mark application and registration.

Call us on +44 1634 818168 and find out how we’ll advise you and guide you through the process.

How long does the process take?

In the UK we usually allow 4 months to complete a trade mark application.

What does the trade mark application process involve?

Trade Mark Research
The first step is a search of existing and pending trade marks to check for similar or identical marks for the same or similar goods and services in the registered database.

The Application
If there are no entries in the database an application is made for your brand against the goods and/or services for which the mark is to be used for.

Acceptance Period
The initial acceptance is a detailed examination of the application made by a trade mark examiner he/she checks the database and the application to ascertain if it is suitable for submission. In the event of an application being deemed not acceptable we are given one month to remedy.

Observation Period
Once a trade mark application has been accepted it is advertised by the Intellectual Property Office in their on-line journal. There is then then a 2 month period (which can be extended to three months) in which other parties may oppose its registration and/or make ‘third party observations’.

A third party observation itself is not a formal legal action, and the Intellectual Property Office are not bound to act on them, but they may rely on evidence given in an observation to support any later objection to the application.

I’ve got a trade mark - can I use the ® mark?

Once an application has been granted the ® mark can be used next to the protected words or graphic to show that it is protected, although there’s no legal requirement to use it. Remember the ® mark is only valid in the regions you have protection.

How long does trade mark protection last?

In the UK trade mark protection lasts for 10 years but can be renewed indefinitely.

Can I protect my brand in other countries?

You can apply for trade mark protection in 113 countries! Most UK based companies register within the UK and often the EU. For those with further international interests the USA is added to the list often along with Australia and China amongst others.

Like the UK, both US and EU trade mark protection lasts for 10 years but can be renewed.

What about world wide trade mark protection?

To make international protection easier ‘The Madrid System’ was developed as solution for registering and managing trademarks worldwide where applicants can submit one application to protect their work within a coalition of countries. But not all countries are covered, Saudi Arabia and South Africa for instance are not on the list.

How can I find out more?

Call our office on +44 1634 818168 and we’ll help you protect your brand.

*Our trade mark application and registration fees start from £320.00 for an application for 1 mark under 1 class with registration in the UK, this is, where applicable, subject to VAT. Applications and registrations for a series of trade marks, and/or those requiring registration under more than one class, and/or that requiring registration outside the UK will be charged according to requirements.

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