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Trademarks in Action
Trademarks in Action

Josiah Hincks Solicitors can help you to register a trademark. Our trademark solicitors 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.

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