Registering a Trademark
We offer a basic trademark registration service which will help you to protect your brand, for example the name of your product or service.
Upon registration, you’ll be in the position of being able to take legal action against anyone who uses your brand without your permission and put the ® symbol next to your brand. This proves that you own the mark and it acts as a warning to others against using it. Also, once your mark is registered – you can sell it.
What can you register?
Your trademark must be unique. We can register words, logos, colours or a combination of these. You cannot register anything offensive or pornographic. You cannot register the goods or services your mark relates to. E.g. you cannot register ‘wool’ as a trademark for the woollen industry. Furthermore, your mark cannot be misleading e.g. using the word ‘vegan’ if the produce is not ‘vegan’. You cannot use any 3-dimensional shapes, nor can any word descriptions be too vague or generic e.g. the sole word ‘wood’. Finally, you cannot register anything too closely resembling symbols, flags, or hallmarks based on the World Intellectual Property Organization guidelines.
If you have similar versions of your trademark, you can make a series application for up to six marks.
In such circumstances, all your marks should look the same, sound the same, and mean the same – with only minor differences.
You must check that your proposed trade mark is available and not already registered
You must search the trade marks database before you send your application to us. This will confirm whether anyone has already registered an identical or similar trade mark for the same or similar goods or services. If you find that someone has beaten you to it. You could write to them and obtain a letter consenting to your registration. The letter should at the very least be on their company note paper (showing the mark), state their application number, confirm agreement, be signed by a responsible person in that business and confirm that person’s name/address. This letter needs to go in with your application.
You cannot change your trademark once you’ve applied, and the fees are non-refundable. If this is your first time, there is a government guide at the following link; guide to new applications.
Once you have applied?
- You’ll receive an examination report within 20 days – giving initial feedback - you have 2 months to resolve any difficulties raised in that report. This might be something wrong with the application in that the proposed mark is too close to another one.
- If the trade mark office (the ‘examiner’) has no objections, then your application will be published in the trade marks journal (which is the government official journal – see trade marks journal) for 2 months, during which time anyone can oppose it.
- After 2 months – if no one opposes or after objections have been resolved, your trademark will be registered. You will get your certificate!
The Intellectual Property Office will tell you if someone opposes your application.
You can either withdraw your application, discuss the matter with the person opposing, or go ahead and defend the opposition. However, you won’t be able to register your trademark until the matter is settled and may have to pay legal costs if you want to challenge the opposing party.
The fee we charge is for uncontested applications and doesn’t include any work around oppositions.
You must notify any changes to your name, address or email address. You can also object to other people’s applications if you think they are identical or similar to yours. You can sell or licence your mark. Your trademark will last 10 years and is renewable.
When you are looking to get your new business off the ground, the admin of company set-up, trademark protection, data protection and
legal incorporation can be daunting. Making sure you have the right information to hand is important. We can help make sure your
new company get's off on the right footing with our array of off-the-shelf policies and agreements covering all aspects of company