Fri, 18 Aug, 2017

TRADEMARKS

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UK Trademark Registration Guide

What is a Trade Mark?

A trade mark is a badge of origin, used so that customers can recognise the product of a particular trader, and it can include, for example, words, logos or pictures.

Trade mark registration is the most comprehensive protection that can be obtained to protect your business name, brand name, company logo or slogan. When a trade mark has been registered on the UK Trade Marks Register it will remain there for 10 years, and can be renewed every 10 years thereafter. The registration can last indefinitely if the registration is renewed at the appropriate time.

Before an application is filed to register a trade mark it is essential to ensure that your proposed trade mark is not identical to, or cannot be confused with, any existing trade marks. We strongly recommend, therefore, that a clearance search is completed prior to filing the application on either the United Kingdom or the European Community Trade Mark Registers. (European trade marks are protected within the UK.)

To qualify for registration your trade mark must be: Distinctive for the goods or services of its stated purpose, and possessing integrity: Not contrary to law or morality, and distinct from any earlier marks for the same or similar goods or services. Consultants, such as those listed below, would offer advice on whether, in their opinion, your proposed trade mark would be deemed distinctive enough to be accepted for registration.

The procedure associated with obtaining a UK trade mark registration takes approximately 6 months to complete. Once the application has been filed the Registrar will issue the filing receipt within 10 days, which will confirm the details entered onto the application. Upon issuance of the receipt a consultant would then arrange for the application to be examined, and then as soon as the examination report has been issued they would deal with any matters arising from it, and then arrange for the application to be advertised in 'The Trade Marks Journal'. The application must be published to allow any third party to oppose the application.