UK Trademark Registration
Reina Menezes Dcosta
5??consultant solicitor, Founder Bizlaw U.K., avid networker, mentor/advisor for innovative startups, scale ups, creatives and internationals -UK/India expert. Advisory Chair for a Charity. Venture Capital Investor.
All businesses need to register their trademark when they start up, as after spending time and money building up a brand, it is a valuable asset for sale, licensing or franchising. We hereby explain the process of doing so. For example, say a company needs its trademark registered. To register a Trademark, the said mark must qualify as a valid trademark. For example, the mark may include words, sounds, colours, etc. that are unique. The mark must not be descriptive, offensive or misleading; and meet other such requirements. The next step is to examine if an exact or similar trademark has already been registered. This can be verified with trademark databases. In order to register a trademark, one must have the details of what mark they wish to register & the classes they wish to register themselves under. It is imperative that the company is registered under all relevant classes . The application shall also require the company details and name of the owner.
The trademark representation can be done in 3D shapes & different views of the same may be uploaded. A logo for the company may also be registered along with the trade name or separately with a different application. It is however advisable to register the name & the logo separately as companies often change their logos in the long run. This also guarantees better protection of intellectual property. Yet if cost is an issue and the mark is a fairly common one, a greyscale logo only may be a better option to register. Feedback on the application , is received within 20-30 days & a period of 2 months is granted by the Registry if required to resolve any problems or shortcomings in the application. This is followed by a publication in the trademarks journal, whereby anyone may object to it. In case of an opposition to the mark, the applicant may withdraw the application, mediate with the opponent or defend itself. If there is no opposition or the same has been settled, the trademark may be registered. Once registered the investment is worth it as it allows the use of the TM sign, easily prevents other similar businesses using the mark, adds value as owned intellectual property and provides protection for a period of 10 years, after which is needs to be renewed.
Once a UK mark is registered, the rest of the world where the business plans to expand to may be considered.
As you can see this can be a complex task , taking upto 4 months to achieve registration. Thus it is advisable to make it part of your business plan before you launch and best to use a professional as with a mistake, the application needs to be redone from the start and you will lose your Government fee of upto £200/- at least if it is one class. Thus to find out how we can help you with your UK trademark registration please contact [email protected] or visit our website www.bizlawuk.co.uk to find out about the other services we offer, follow, share and like our useful social media updates and check our 5 star happy client testimonials.
Leadership and Conflict Resolution Consultant. Risk Management and Reputation Protection.Creator of Change Without Tears programme. Enhanced ACAS accredited workplace mediation. Published Author
4 年Thank you for your sage advice Reina Menezes D'costa
Partner, Jersey Advocate and English Solicitor
4 年I couldn't agree more, Reina.