* What is a registered trade mark?
* Why is it important to register my trade mark?
* How much does it cost to register a trade mark?
* Are there any hidden costs?
* Are registered trade marks valuable?
* Can I get by without registering my trade mark?
* What are the advantages of registration?
* What sort of protection does registration provide?
* How do I register a mark?
* What sort of marks can I protect?
* How long does registration last?
* What countries does registration cover?
* Is registering a domain name enough to protect my brand?
* Is registering a company name enough to protect my brand?
* Can I use symbols TM and ® after my trade mark?
* How long does it take to register a trade mark?

What is a registered trade mark?
A trade mark is a sign which distinguishes the goods (or services) of one trader from those of another. Such signs can be registered with a trade marks registry to provide enhanced legal protection for those signs.

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Why is it important to register my trade mark?
In today's world, brands are increasingly important. All businesses, large or small, need to consider that competitors may take advantage of their brand identity. Owning a registered a trade mark provides you with exclusive rights in respect of that mark, which (broadly speaking) prevent others from using a mark identical or similar to your own.

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How much does it cost to register a trade mark?
The cost of registration depends on a number of factors, including:

• what type of mark you are applying for;
• how many goods and services you wish your registration to cover;
• where you want your mark to be protected.

Please read our case study examples to obtain an indication of the costs of application in different situations. Contact us to discuss your requirements and we will be happy to provide you with a fixed cost quote.

 

Are there any hidden costs?
No. There are no hidden costs. We explain the costs to you at the outset and tell you what is and is not included. To find out more or to obtain your fixed cost quote today, contact us.

 

Are registered trade marks valuable?
Registered trade marks are a form of personal property, they may be bought, sold or licensed. As such, they have value as assets and income-generators. Moreover, as an important part of a business identity, brands add value to the business as a whole. Registering trade marks secures the brand and increases the business value by contributing to companies' intellectual property portfolios.

 

Can I get by without registering my trade mark?
In the UK, it is possible to protect a brand using the common law action for passing off. However, the various elements of passing off can be hard (and expensive) to prove. By contrast, a registered trade mark provides a right which can easily be proved to exist and a statutory monopoly which can be invoked in reliance upon the mark.

What are the advantages of registration?
There are several advantages of registering a trade mark. Registration gives more extensive and robust rights in a brand or sign (see the difficulties in proving passing off above); it provides to the owner a defence to trade mark infringement brought by others in respect of the registered mark; it enables trade marks to be bought, sold, leased or licensed as property and it more easily allows the owner to prevent others from registering (or using) a sign which conflicts with its own rights.

What sort of protection does registration provide?
Registration provides the right to (broadly speaking) prevent others using a similar or identical sign in the course of trade. The owner of a registered mark may stop others from using the mark in relation to goods or services similar or identical to those for which the mark is registered. The owner may also be able to prevent others from registering such a sign.

How do I register a mark?
In consultation with us, you will decide which marks you should register and which goods and/or services you wish to cover. The application process generally follows these steps:

• Searches may be made by us to see whether that mark or something similar has already been registered;
• The specification for the goods and/or services is drafted and submitted with the application form and requisite official fee;
• The registry then communicates to us any objections or queries which they may raise about the application;
• Once the registry is satisfied, the application will be advertised - this is to give other parties an opportunity to object or comment; and
• If no third party objections are sustained, the mark is registered.

What sort of marks can I protect?
Practically any sign is registrable if it is capable of graphic representation (including words, sounds, smells and colours). However, a mark may not be registrable if it is incapable of distinguishing between two traders or is descriptive of the goods or services for which it is made. We can discuss the registrability of your proposed mark with you.

How long does registration last?
In the UK, a trade mark registration lasts for ten years. The protection afforded by registration is from the date the application was filed (although the registration date will invariably be later) and the ten years runs from this date. When a trade mark registration expires, it can be renewed for a further period on payment of a fee.

What countries does registration cover?
This all depends on your application strategy. National marks (such as a UK mark) can be applied for on a country-by-country basis or by utilising the "international application" system where that applies. Also, a Community trade mark (CTM) covering all 27 countries of the European Union can be applied for at the Office for the Harmonisation of the Internal Market. Many people use combinations of the above approaches and we can assist you in making the right decision after discussing your requirements with you.

Is registering a domain name enough to protect my brand?
No. Whilst it is a good start in building a brand, registering a domain gives you rights to use that domain, but provides little further or wider protection. It does not equip you with the statutory monopoly that a registered trade mark would.

Is registering a company name enough to protect my brand?
No. Registering a company name prevents others from registering the same company name, but it does not allow you to prevent others from trading under or by reference to that name.

Can I use symbols TM and ® after my trade mark?
The initials TM can be used to indicate that you consider that you are using a sign as a trade mark, the sign need not be registered. The symbol ® should, however, only be used on registered marks - using it in connection with an unregistered mark is a criminal offence. We will advise you when you can use the ® symbol once your mark is registered.

How long does it take to register a trade mark?
The time for an application to proceed to publication depends upon many factors. It is rarely longer than 12 months and can be as quick as 5 months. The UK registry now offer an express service on payment of an additional optional fee; please ask us about this if you would like to know more.

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