Trade marks information for consumers and small businesses
Trade marks are national or regional rights that protect your brand: they identify your product or service and distinguish it from others. When granted, a trade mark gives you the right to take action to stop other people using the same or a confusingly similar mark for the same or similar goods or services. Once your trade mark becomes well known, it may also give you rights to stop other people trying to benefit from that reputation.
Each country or region has its own registration system and sets its own application fees and other requirements for registering a trade mark, but there are international treaties that can be used to help protect your brand. The timetable and cost of obtaining trade mark protection therefore varies according to:
- How many different types of goods and/or services you want to sell under your trade mark
- How many countries you want to include in the scope of protection
- Whether there are international treaties that apply to the territories you wish to cover.
There are 45 internationally-agreed classes of goods and services and your intended use of your mark may fall into more than one class. Your brand may also include different elements which you may wish to register as separate marks (for example, a name and a logo).
Typically, an individual consumer or small business will ask us about a UK trade mark application, that is, an application for a registered trade mark which can be enforced in the UK. We have therefore given an illustration of the process and timetable for this below. If you wish to extend protection to other countries, we can also work with you to achieve the desired protection.
UKIPO means the UK Intellectual Property Office, the government body that deals with trade marks and other intellectual property. Other countries (and the EU) have their own similar organisations (collectively, Trade Mark Offices).
Examiner means the official at the UKIPO who reviews your application and responds with any objections that you will have to overcome before it is acceptable; and Examination means the process conducted by the Examiner.
Stages in a UK trade mark application
We can handle the full process for you:
- Advising you about your chances of success with your application
- Filing the application and paying the official fees to the UKIPO
- Advising you about any issues that arise during the Examination process
- Advising you of any objections from third parties (“oppositions”)
- Sending you the certificate of registration.
How long will my trade mark application take?
The UK operates a “first to file” system meaning that you should aim to register a trade mark as soon as possible to minimise the risk that someone else will beat you to it.
It typically takes about three months from filing an application to register a UK trade mark, assuming there are no serious objections by an Examiner and no oppositions filed by third parties.
How is the trade mark attorney profession regulated and what professional indemnity insurance is in place?
Our firm is regulated by IPReg, and is subject to its Rules of Conduct. IPReg sets standards of training before a person can be admitted to the register and also requires Continuing Professional Development to ensure an attorney’s professional skills are kept up to date.
In the unlikely event that you have a complaint about our service you can use our own complaints procedure. You may also be able to bring your complaint to the Legal Ombudsman.
We have insurance that extends to acts and omissions wherever they occur in the world. Our limit of liability is appropriate for a firm of our scope and standing. Further details are available on request. Our insurer is Pamia Limited, whose address is 90 Fenchurch Street, London, EC3M 4ST.
IPReg has also put in place an insurance policy that may provide additional protection in the event of dishonesty or fraudulent use of client money.