Trademarks are found almost everywhere, whether they’re used to protect the logo of your favourite clothing brand or the name of that restaurant you love.
But what are trademarks? What do they do and how can they protect your business?
In this article, Corporate & Commercial Solicitor Paul Longland outlines how a trademark protects a company and how to apply for one.
What is a trademark?
A trademark is a unique word, slogan, logo or other design that is used to represent a product or service.
Trademarking is used to identify a product or service and distinguish it from other companies’ products and services.
For example, McDonalds’ iconic trademarked ‘golden arches’ logo is used to differentiate the fast food chain from its competitors and copycats.
Why is trademarking important in the UK?
Branding, logos and strap lines are created to be in the public domain and therefore they need to be registered to be fully protected.
Registering a trademark does this, providing protection against other people using the same branding for their products.
‘Copycats’ can be confusing to customers and potential detrimental to a business.
Related: What is Intellectual Property and how do I protect it?
What are the benefits of registering a trademark in the UK?
In addition to the protection that trademarking provides, registration also has other benefits.
For example, successful registration can provide a defence to business owners if they are ever accused of copying another business’s brand, as the registration process itself provides an opportunity for objections to be raised and settled by the parties.
What happens if you don't have a trademark?
If you don’t trademark your logo then it will be difficult to prevent someone copying it or using a similar one.
If someone does use a similar logo to yours, that company may trademark their logo and they’ll be able to do so without you being informed.
With a registered trademark however, you can protect your brand and take action against anyone who attempts to copy it.
What can you register as a trademark?
Before you can register a trademark, you need to ensure that your desired trademark meets the eligibility criteria.
Trademarks can include words, logos, colours, sounds or a combination of multiple. However, trademarks can’t:
- Be offensive, misleading, too common or generic
- Describe the goods or services it relates to
- Use national flags or official emblems (unless there is permission)
What is the process of registering a trademark in the UK?
To register a trademark, you’ll need details of what it is you are registering, who will own the trademark and you will need to decide on the types of goods or services that you want to use the trademark for.
You’ll need all of this information to apply to the Intellectual Property Office (IPO) either online or by post.
The IPO will then check that your trademark isn’t the same as or similar to any pre-existing trademark and publish details of your trademark to see if anyone opposes it. If there are no issues, your trademark will be granted!
Alternatively, you can apply for a Right Start Application where the IPO will carry out these checks before you have to pay the full fee.
How much does it cost to register a trademark UK?
How much it costs depends on the type of application you make and how many ‘classes’ you select. Classes are the types of goods or services you are registering for.
Typically, for a standard application, it costs £170 to register one trademark in one class. Additional classes cost £50 extra each.
Right Start applications, on the other hand, will set you back £100 plus £25 for each extra class involved.
How long does it take to register a trademark in UK?
Where there are no issues, it generally takes 3-4 months from application until the trademark is granted; however, this can be slowed by many factors.
For example, if you are applying to trademark multiple classes or if someone opposes your registration.
Take a look at the full process here, or received tailored advice from a member of our specialist Intellectual Property team here.
How long do UK trademarks last?
Trademarks last for 10 years, at which point they expire and will need to be renewed. This can be done by applying online 6 months before expiration and up to 6 months afterwards (you may be charged a late renewal fee of £50).
If you don’t renew your trademark you will lose the trademark as well as the protection and rights that come with it.
If you fail to renew the trademark in the 6 months after its expiration, you will not be able to restore it online but may be able to do so by post.
Related: AI in business and the intellectual property implications
Do I need a solicitor to register a trademark?
Although it is not required to use a solicitor to register a trademark, it is recommended for more complex and large-scale applications involving multiple classes.
Having a lawyer on hand to answer any questions and assist with the application process can be crucial, especially if issues arise during application.
Furthermore, if, after your trademark is registered, you find out that it is being used without your permission; a solicitor can assist you in acting quickly to prevent trademark breaches.
To speak to an expert, please get in touch using the information below.
How to protect your trademark rights if they are infringed
If someone uses your trademark without your consent, you should seek legal advice. A solicitor will likely assist you in drafting and serving a cease and desist letter to the company or individual who has infringed your rights.
Most of the time, a cease and desist will be enough to deter an infringer and stop them from using your trademark. However, if this isn’t the case, a solicitor may advise you to take dispute resolution or mediation steps.
As a last resort, you may need a court order to ultimately bring an end to any infringement.
Related: Contractual disputes & dispute resolution clauses - avoiding problems
Specialist Intellectual Property Solicitors
At Frettens, our specialist Intellectual Property Solicitors would be happy to discuss your individual circumstances with you and provide tailored advice.
We can assist you in applying for a trademark, renewing, enforcing and even litigation to resolve infringement.
You can get in touch for a free initial appointment on 01202 499255 or by filling out the form at the top of this page.
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