A trade mark is arguably one of the biggest assets in a business. This is because a trade mark identifies you as the owner of your goods or services to make it clear they belong to you. It is a badge that your customers will use to find your products or services in the market place.

There are a number of types of trade marks that can be protected in your business. These are just a few examples:

  • The name of your business
  • The logo
  • The slogan or strap line
  • The domain name / website URL
  • Product packaging
  • Short sound clips

While there is such a thing as unregistered trade mark rights, we usually recommend registering a trade mark in order to have the statutory legal exclusivity to the trade mark in your main territories of business. Once registered, your trade mark will last for 10 years and can be renewed if you’re still using it.

You might be thinking…

  • I already have the name registered with Companies House
  • I already have the domain name/website URL secured
  • My name is too descriptive and generic
  • Only big businesses need to worry about trade marking their name

We make trade marking easy!

  • A registered trade mark will give you the legal right to prevent someone else using a similar or identical trade mark without your permission. The Companies House register contains a number of similar company names and does not provide you with the legal exclusivity to the name.
  • A registered trade mark will give you greater power to take action against competing websites using a domain name/website URL that is similar or identical to your trade mark.
  • If your trade mark is too descriptive or generic, we can look at different forms of trade mark protection which we can advise you on.
  • Any size business can apply for a trade mark if they’re keen to prevent others from copying.

Our approach to helping you register a trade mark

1.

Scoping call

Simply book in a call with us and one of our experts will talk you through how our trade mark service can help you. We’ll build an understanding of your business, your market, the best type of application to go for and the next steps to secure a registered trade mark that covers the most appropriate areas of your business.

2.

Clearance check

We’ll search the most appropriate trade mark registers to make sure your name is not similar or identical to another trade mark that is already registered. We’ll also look at the best way of describing your trade mark with the trade mark class system, ensuring the wording for the classes reflects the key areas of your business.

3.

File the application

Providing your name is legally capable of being registered, we’ll go ahead and file your application promptly with the appropriate governing body. For the UK, this will be the UK Intellectual Property Office.

4.

Application published

Once the appropriate governing body has accepted the application, it will be published on a public register to allow for any public opposition. The time scale will vary depending on the territory, but in the UK the opposition period is 2 months.

5.

Trade mark registered

Once the opposition period is successfully complete, your trade mark will become registered. We’ll talk you through what this means and what you can do with your newly registered trade mark.

6.

Ongoing support

We can keep a watchful eye on your market to make sure nobody else uses your trade mark without permission. We offer this via our trade mark watching service called Hawk Eye®.

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Ryan Lisk Founder
Barbara Jamieson Associate Solicitor