Trade Marks
Customers identify businesses by their name, logo, product, service or brand. An effective way to prevent a competitor from copying the name or image of a business is to register a trade mark.
The owner (and exclusive licensee if one exists) of a registered trade mark has the exclusive rights to use that trade mark in the United Kingdom. Registration of domain names at Nominet or a company at Companies House will not give a business the exclusive right to use that name.
It is possible to register words, names, logos, letters, the shape of goods, packaging, sounds, colours, domain names or a combination of these things as a trade mark.
In order to be registered a trade mark must satisfy a number of criteria including being:
- Distinctive;
- Not identical or similar to trade marks already registered for the same or similar goods;
- Not contrary to public policy or morality; or
- Not deceptive.
Applications for trade marks are made to the Patent Office (with an application fee). An examiner reviews the trade mark and sends the applicant a report advising whether the trade mark is acceptable.
If the examiner approves the trade mark, the trade mark is advertised in the Trade Marks Journal. A 3 month period follows when anyone can oppose its registration.
If no one opposes the trade mark, the trade mark will be registered.
A trade mark is registered for 10 years from the date of registration. It can be renewed at the request of the trade mark owner upon payment of a renewal fee.
Spratt Endicott has a specialist IP team who can assist in any IP matters affecting your business.
