Why Register

1.1 Trade Marks are symbols that distinguish goods in the marketplace, and allow consumers to identify particular products. Therefore, they will make your products unique. As long as your trade mark is able to distinguish your goods or the services you provide from others, you should be able to register it.

1.2 Your trade mark is your personal mark for people to identify your products. By registering it, you are able to prevent competitors from using an identical or similar mark. Generally, you will be given national rights, but there are various systems which will protect your trade mark in different countries.

1.3 Registering your trade mark will enable you to stop competitors using marks that conflict with yours. You need to keep an eye on the trade marks that you own and you will be able to object if another company wishes to register a conflicting trade mark. It should be noted that the Trade Marks Registry itself is doing less in terms of citing conflicting marks; which is increasingly becoming the responsibility of the applicant.

<< Back To Top

Searching

2.1 A clearance search looks for similar existing registrations that could be infringed by the proposed use of the mark. If an infringement risk exists, it may be better to adopt another mark.

2.2 In addition to the representation of the mark itself, a registration also includes a specification of goods. The register is also split into 45 classes so a multi-class application may be required with a specification for each class. The specification should coer both intended uses and potential future uses.

<< Back To Top

Filing and Examination

3.1 A first application to register may be filed in the UK or Europe. Either initiates a six-month term during which convention applications may be filed elsewhere.

3.2 An examination is performed based on absolute ground for refusal, the mark being descriptive for example.

3.3 Publication of an acceptance initiates an opposition period during which third parties, usually with similar registrations, may themselves lodge an opposition and raise objections..

<< Back To Top

Renewals

4.1 Renewal fees are payable every ten years on the anniversary of filing.

4.2 European Registrations are renewed centrally and do not require a national validation process.

<< Back To Top