Your Trademark – getting started

A trademark is an excellent way to protect your brand and once registered will ensure your hard work and reputation are protected for years to come!

Before you submit an application it’s important to ensure that your mark meets the Intellectual Property Office’s requirements for registration and more importantly, that a similar mark does not already exist.

What is a Trademark?

Trademarks are a form of intellectual property which, when registered, can help protect you from other people using, stealing or copying the names of your brands or products. To be capable of registration, a trademark must be unique so that it can be distinguished from other goods or services. In essence, a registered trade mark allows you to convey the message of ‘I made this’ and provide reassurance of the quality of your brand.

Once a trademark has been successfully registered it will last for 10 years and, provided you are still using the mark, it can be renewed indefinitely every 10 years after that point.

What can you register as a Trademark?

A trademark can include any of the following:

• The product name – e.g. ADIDAS;
• Slogans – e.g. JUST DO IT;
• Logos – e.g. a harp for Guinness;
• Shape of goods – e.g. the triangular shape of Toblerone chocolate; and
• Colours – e.g. the purple colour of a Cadbury chocolate bar.

It is also possible to register a ‘series mark’ which is different variations of your mark, such as ‘dog’ and ‘DOG’.  A series mark can consist of up to six variations in any one application and should look the same, sound the same and have the same meaning in order to qualify.

What can’t you register as a Trademark?

Not every mark can be registered!  Any mark that is offensive, such as the use of profanities, will likely be rejected on absolute grounds.

As well as being offensive, a mark will be refused for other absolute grounds which include:

• marks that cannot be represented graphically (so not just an idea) or is not distinguishable from other  goods or services;
• marks devoid of any distinctive character for example, ‘WE LEAD THE WAY’ being a simple statement;
• marks which describe the characteristics of goods or services for example ‘DOUBLEMINT’ being used to describe chewing gum;
• marks which are customary in your industry such as the use of ‘TREAT’ for a dessert syrup.

As well as absolute grounds, a mark can be rejected for relative grounds; this occurs when attempting to register a mark that is either the same as or ‘confusingly similar’ to an existing mark. The existence of an earlier mark does not automatically mean your application will fail, but the Intellectual Property Office will notify the existing owner of your application and they have the right to oppose your application.   To reduce the risk of opposition, we would always recommend conducting a search of existing registered marks.

To find out more about a trademark get in touch and chat with a dedicated Trademark Advisor, maybe over a free Legal MOT.

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