Frequently Asked Questions

What does a registered trade mark protect?

A registered trade mark essentially protects the unauthorised use by third parties in the area of registration of the intellectual property which is subject to protection by registration. This could for example be a brand name or logo.

Is my brand eligible for a trade mark registration?

Your trade mark can include logos, sounds, words and colours and must be unique to your business. It cannot be offensive or misleading and cannot describe the services themselves as this would seek to prevent anyone else in the same field from advertising the services.

You cannot trade mark a 3-D shape and your mark cannot be too similar to any State symbols, hallmarks and flags.

You will also not be permitted to trade mark anything considered to be common or vague. Our Watford trade mark registration solicitors can advise you as to whether what you are seeking registration protection (e.g. your brand name) is eligible for application for trademark registration.

Before making an application, it would be necessary to ensure that what you are seeking to register as a trade mark is not already registered. We can perform searches of the UK trade mark database for similar marks. If similar marks are found then the trade mark owner would need to consent to you registering yours.

Will my registered trademark provide protection across the world?

A UK trade mark will only offer protection in the UK. It does not prevent a third party from using your trade mark in another country. It is possible to apply for trade mark registration in other countries and jurisdictions, but this can be an expensive process and should only be considered if you believe that this might pose a genuine and material threat to your business.

Our trade mark registration solicitors in Watford can help you to identify which territories you should apply for a trade mark within, and advise you on risks and options.

What is involved in the trade mark application process?

Before applying for a trade mark registration, you will need to decide on classes of goods and services in respect of which you would like your trade mark to be registered. We can advise you of the various trade mark classifications that are available, and assist you in deciding which classifications you may want to apply under.

We will then undertake searches of the UK trade mark register to identify whether there are any existing trade marks that may be similar to those that you are seeking to register.  We would report to you on our findings, and you would then be able to decide whether you wished to proceed with an application, and if so, under what classifications. You may also at that stage, decide that you will make alterations in the mark (e.g. to a logo) that you are seeking to register so that it is less similar to a registered trade mark.

Once your application is submitted, it will be examined by the UK IPO, who will issue a report advising of any conflicts such as similar trade marks they may have identified. They would notify relevant third parties and avail them an opportunity to file an opposition. If no conflicts are found, no opposition is made, if an opposition is successfully opposed or agreement reached with a third party, then your trade mark is then likely to be registered.

How long does the trade mark application process take?

The length of the trade mark registration process can vary, but if your application meets the legal requirements without opposition, then a registration certificate can be issued by the UK IPO within four or five months. Our trade mark registration services have been designed to minimise delays.

Call us today to book a no-obligation consultation with our team of trade mark solicitors in Watford for expert legal advice.