If you decide to start a business, you need to protect your company’s Intellectual Property (IP), so you can retain the competitive edge required to succeed in a crowded marketplace. This means that you may need to know about how to safeguard your firm’s trademarks. Turner Little asks; what is a trademark and how can you protect this vital component of your business’ IP?
Explaining trademarks
Along with patents, designs and copyrights, trademarks are a form of legal IP protection. They are used to protect brand tools such as words, colours, sounds and logos. In the UK you must register a trademark with the Intellectual Property Office (IPO) to safeguard these business assets.
Failing to take this step could seriously harm your business, as it could lead to competitors using the same, or similar, IP. This would confuse your target consumers, as they may associate your brand with another company, which could potentially cause you to lose business. For the same reason, it is essential that you register trademarks in every nation within which you trade.
What can you not trademark?
A registered trademark must apply to distinctive products and services which are entirely different from those provided by other companies. You cannot register a trademark if it:
- Applies to something which is audibly or conceptually similar to an existing trademark.
- Is the same or similar to hallmarks, armorial bearings, official signs, state emblems such as flags, abbreviations or the names of inter-governmental bodies.
- Is identical or similar to an existing trademark within the same class of goods and services. If you receive permission from the existing trademark holder you can register it.
- Is a commonly used visual sign, word, combination of words, or phrase.
- Applies to a three dimensional shape, which is associated with your trade mark.
- Is a literal description of the products and services you provide.
- Promotes illegal activities, is offensive or misleading.
Company names and domains
Your firm’s name will not automatically be trademarked when you register your business with Companies House. Furthermore, your business’ name is not automatically shielded when you register a trademark with the IPO. The name or trademark in question may not fulfil the legal requirements needed to both act as your firm’s name and be registered as a trademark.
Consult a trademark specialist, such as Turner Little, to determine whether your company name can be registered with Companies House and trademarked with the IPO before you set up your business. Search the trademarks database to determine whether you can trademark your firm’s name if you already have a registered company.
If you want to exclusively own your company’s website and email addresses, you need to register your domain name, which Turner little can help you with. You need to actively register trademarks or company names as intent domains. Create brand consistency by choosing the same company name, domain name and trademark, so consumers can find your firm’s products and services easily online.
How to register a UK trademark
Adopt the following process to register your trademark in the UK. First, search the trademarks database to make sure there are no existing or similar trademarks for the one you wish to register. If there is an existing or similar trademark and its owner provides you with a letter of consent, you can register said trademark. Second, submit an online or post application to the IPO, along with a completed fee sheet and details of the trademark and trademark classes you want to register.
The IPO will send you an examination report within 20 days of your application. This will detail feedback and any problems concerning your application; address issues within two months for the application to go ahead. If there are no problems, your trademark will be published in the trademarks journal for two months, so third parties can raise objections to your application if necessary.
If no objections are raised, your trademark will be registered and the IPO will send you a confirmation certificate. If there are still objections to your trademark application, the IPO will give you the chance to defend it, discuss the objection with the party which raised it, or withdraw your application.
How to register a trademark abroad
The process of registering a trademark abroad varies from territory to territory. You will need to apply for a Community Trademark from the Office for Harmonization in the Internal Market to register and use a trademark in the EU. If you wish to receive more comprehensive protection, register your trademark with the World Intellectual Property Organisation. Taking this step will allow you to safeguard the relevant IP in all nations which are members of the Madrid Protocol.
Turner Little
Turner Little was founded in 1998 and it has since become a well-established UK based professional Company Registration Agent, Registered Bank Intermediaries and Business Consultants, as well as Trust provider. You can receive our monthly newsletter by signing up using the form below.
