Josiah Hincks Solicitors can help you to register a trademark. Our trademark solicitors in Leicester can give advice on the likelihood of registering a specific trademark and prepare all the required Intellectual Property Office forms to allow your trademark to be registered.
It is common for trade marks to be a mixture of a business name and logo (i.e. a businesses brand). Technically speaking, a trade mark is a sign that is capable of distinguishing the goods and services of one business from another.
To register a trade mark an application must be made to the Intellectual Property Office (“IPO”). The application must be accompanied by a copy of the mark that is to be protected (or a description) and the applicant must state which of the 40 classifications it is to be registered against i.e. which goods and services the mark will be used against (e.g. professional services, trades, etc). Our trademark solicitors can advise on the correct trademark classes in which to register your trademark.
There are a number of rules that dictate whether a mark will be registered or not including whether the mark is purely descriptive, is an indicator of origin or is offensive. Provided the mark meets the requirements of the Trade Marks Act 1994 the IPO will progress your application by advertising the mark in the trade mark journal for a period of 2 months to give other trade mark owners an opportunity to object to the mark. Provided no one objects to the mark, the IPO will issue a certificate and register the mark.
The entire process takes around 3 months before a mark is registered.
At Josiah Hincks we can advise you on whether your mark may be capable of registration, we can draft the application to the trade mark office and we can advise on any changes that may need to be made to help the mark get registered. We offer fixed fee trademark registration by our expert trademark solicitors.
In addition, if you have a trade mark and another business is using your trade mark without consent we can take the necessary action to help protect your business, this may include an application for injunctive relief to prevent the infringer from using your mark and a claim for damages to compensate you for any losses you or your business have suffered.
We offer a fixed fee trademark service, just ask for more details.
A trademark is a “brand” for any business, although it could be for its products or services, or the business name or identity itself. For some businesses, the Brand is highly valuable and it can be a deciding factor for people to purchase.
As the Government website IPO.GOV.UK says:
“When you register your trade mark, you’ll be able to:
- take legal action against anyone who uses your brand without your permission, including counterfeiters
- put the ® symbol next to your brand – to show that it’s yours and warn others against using it
- sell and license your brand”
There are lots of rules about trademark registration, so rather than waste time and energy, you would be well advised to instruct a trademark solicitor to carry out the registration for you.
Any trade mark must be unique. It can include:
- a combination of any of these
Your trade mark can’t:
- be offensive, eg contain swear words or pornographic images
- describe the goods or services it will relate to, eg the word ‘cotton’ can’t be a trade mark for a cotton textile company
- be misleading, eg use the word ‘organic’ for goods that aren’t organic
- be a 3-dimensional shape associated with your trade mark, eg use the shape of an egg for eggs
- be too common and non-distinctive, eg be a simple statement like ‘we lead the way’
- look too similar to state symbols like flags or hallmarks,
If you ask our solicitors to register a trademark, then we will:
- Carry out a search to ensure your trade mark will not infringe another
- Consider whether it is likely to be registerable in accordance with the Trade Marks Act 1994
- Consider which classifications (classes) to register your trademark
- Prepare the application and submit it with the Intellectual Property Office directly
- Once published, store your Registration Certificate for no additional charge.
A trademark can be a logo or a word. If you want full protection and your logo has words on too, we recommend you make two applications for complete protection.