Trade Mark Registration Guidelines in the United Kingdom

Protect your brand and your business with 3E Accounting’s trade mark registration guidelines in the United Kingdom.

In the United Kingdom, having a trade mark is considered a pragmatic move in safeguarding your business. There are many ways to register a trade mark, for example, via the Madrid Protocol at the World Intellectual Property Office. However, the best and easiest way is to do it with the United Kingdom’s Intellectual Property Office. By following these trade mark registration guidelines in the United Kingdom, your business will be afforded the most comprehensive protection.

 

Intellectual Property Ownership

To paraphrase section 1 of the Trade Marks Act 1994, trade marks are graphically representable signs. Its primary purpose is to distinguish one type of business (goods or services) from another. Signs can be anything, including symbols and shades of colour provided they are precise in their representation.

The first step is to conduct a trade mark search from the United Kingdom Government’s online search tool. This is to ensure the trade mark you want to register is unique to your business. In the event, such a trade mark is already registered, all is not lost. The class of a trade mark also matters.

Similar trade marks can be registered provided they are of different classes. Trade mark class refers to the types of industry or areas of business and is quite specific. It is possible to select more than one class, which is known as a Multi-class application. For example, if you provide engineering services to farming factories, the class could be engineering, agriculture and manufacturing.

Once you have cleared the search hurdle, the next step is to head to the United Kingdom Government’s trade mark registration website. It is important to understand that it is not possible to change your trade mark after submitting your application. The fees will also be non-refundable in such an instance.

As such, it helps to be aware of these issues before following the steps to registering:

• Who is registering? You must be authorised to register on behalf of yourself or your company.
• Have you registered before? If yes, you can select this option before filling in your details.
• What is the format of your trade mark? It can be words, numbers, letters either in the usual format of (Statement A) or a particular style (Statement B). An unusual format would be of sounds, etc. (Statement C). You will need to select one option.
• Is it one trade mark or a series, and what is the class? Each trade mark in a series will have additional charges. The class can be searched online, and it helps to read the terms for each category.
• Do you need a disclaimer or priority claim? Disclaimers are not strictly necessary, and priority claim is usually for trade marks registered outside the United Kingdom.
• What will your trade mark examination type be? The Standard Order costs GBP170, payable upfront and non-refundable. The Right Start Order costs GBP200, but you only need to pay GBP100 upfront. If your application is rejected, you will not need to pay the balance. Multi-class applications will have an additional cost.

If your registration is successful, it will be published online in the United Kingdom Trade Marks Journal. This is to allow others to raise any objections, and it must be done within two months. Successful trade mark registration provides protection for ten years. This can be renewed for additional periods of 10 years.

If you need more assistance than these trade mark registration guidelines in the United Kingdom, Contact 3E Accounting today. We offer multidisciplinary and best in class services for all your business needs. Along with our affiliates and partners, 3E Accounting leverages years of expertise and professionalism to create innovative and customisable business solutions. Get in touch with us for a truly professional experience.