How to get a registered trademark?

In the current business landscape, only the fittest survive. To do so, you'll need protection in the form of trademark registration. How does it work? Keep on reading to learn more about trademarks!

What is a trademark?

In a nutshell, a trade mark is a sign, symbol, logo, sign, word, or phrase you can legally associate with a business or its goods and services. The trademark is something that you must use in the conduct of commerce. The most common forms of registered trade marks are names and logos.

Trademarks are symbols that as soon as you see them, you can quickly remember a specific brand circle or company. It's your legal property and will protect your business identity, providing exclusive rights to the trademark use.

Meanwhile, it's also important to point out that a trade mark is not exclusive to businesses. Individuals can also register trade marks.

Once you claim a trade mark, you can enjoy legal benefits. For example, the owner can take legal action against those who'll use your registered trademark without permission. Trademarks also be a great way to prevent counterfeit products.

In addition, having a trade mark means you can put ® next to the registered name that comes with a registered address, as well. This will advise the public that the name, sign, or symbol is already registered. Hence, using such trademark without permission will have legal repercussions.

It's also important to note that it's not the same as a copyright. A copyright is an automatic right, which prevents the copying and reproduction of a creator's work. Literary, dramatic, musical, and artistic works are covered by a copyright.

The concept of a trade mark remains the same throughout the world. However, there can be slight differences in terms of trademark registration across different countries.

A step-by-step guide for trade mark registration

It can be overwhelming at first, but once you're familiar with the process, trademark registration is seamless. Below is a quick look at the most important steps.

Start by choosing a strong trade mark

There's no specific law that governs trademark selection. The business often has the discretion to choose one most suitable for its product or service. Nonetheless, the trade mark must be unique and memorable.

To be eligible for trademark registration, no other business within the jurisdiction must already be using the logo, symbol, or anything else you would like to claim ownership of. The UK Intellectual Property Office has a website where you can check existing English trademarks for individual or company use. Check out other databases as well to cast a wider circle during your search.

Conducting a thorough search from the very start will help you save time and effort in registration. If there's already a trademark owner, you'll receive a notice of rejection, and you need to start the application process again.

Picking the right class is also an important consideration in choosing a trademark. In the UK, the English trademark classification system runs from Class 1 to 34 for goods and 35 to 45 for services.

Prepare your trademark application

Once sure that you have the rights for the trademark, start processing the application, which you can submit by post or online. The Intellectual Property Office is the main agency responsible for English trademark registration.

Your application should have a clear description of what you intend to register. For example, if it's a symbol or logo, then you need an illustration to be as descriptive as possible.

You must insert all relevant details to show the uniqueness of the unregistered trade mark. Provide evidence of prior use, showcasing that it has been used in connection with the specified goods or services

Send the trademark application

The next step is to send it to the Intellectual Property Office. Before you do so, however, take note of the fees.

A standard online trademark application costs £170 while a standard application by post is £200. This fee is only for the registration of a single class of a product or service. Meanwhile, if you want to add an extra class, you'll pay £50 for each.

Wait for the processing

Successful trademark registration does not happen overnight. On average, processing takes two weeks. The Intellectual Property Office will search for similar images, words, or phrases and may contact the business or owner who previously used the trademark you want to register.

Deal with the opposition

In case of an application opposition, you can directly talk to the owner of similar trademark. Alternatively, you can also go through a legal process to defend your trademark. However, if you opt for this, take note that you must pay for the legal fees.