Frequently asked questions

  • A trade mark is a sign that identifies your goods or services and sets them apart from competitors. It can be a name, logo, slogan, shape, colour or even a sound.
  • Anything distinctive that identifies your brand, such as words, logos, images, shapes, colours, sounds or a combination of these can potentially be registered.
  • Registration gives you stronger, legally enforceable rights. Without it, it is harder to prevent others using the same or a similar mark, while others could use or even register your brand themselves, making it harder and more expensive to protect later.
  • A trade mark protects brand identifiers (like names and logos), copyright protects creative works (like books, music and software), and design rights protect the appearance of products.
  • In the UK and most countries, trade marks last 10 years from registration and can be renewed indefinitely.
  • You file an application with the UK Intellectual Property Office, choosing the right classes of goods and services. If successful, your mark will be published and, if unopposed, registered.
  • Ideally, yes. Trade marks are territorial. Protection in the UK doesn’t extend abroad. You need to register separately in each country or use international filing systems.
  • A straightforward UK application usually takes 3–4 months if there are no objections or oppositions. Most international applications take longer.
  • Trade marks are divided into 45 classes of goods and services. You must choose what you intend to use the mark for as what is included will define the scope of protection.
  • If it functions as a brand name, you can often protect it as a trade mark. This can help stop others from using the same or similar online identities.
  • It depends on the number of classes and countries. UK applications start from £170 in official fees, plus professional fees.
  • You can file yourself, but mistakes are common and can be costly. Using a professional helps ensure the application covers the right classes and avoids pitfalls, while managing the application process for you.
  • Another party may object during the publication stage. This could lead to negotiations, amendments or opposition proceedings.
  • Yes, if a mark isn’t used for five years, it may be vulnerable to cancellation.
  • With a registered trade mark, you can take legal action to stop them, which may include sending a cease-and-desist letter, negotiating a settlement or going to court if needed.
  • No. UK rights only cover the UK. You’ll need separate registrations for the EU and other countries where you trade or plan to expand.
  • ™ can be used on any brand to show you consider it a trade mark. ® may only be used once the mark is officially registered and using it without registration is unlawful.
  • Yes, trade marks are valuable assets. You can license them to others for royalties or sell them outright, just like other property.
  • Make sure you renew it every 10 years, keep ownership details up to date, and continue to use it in the course of trade for the scope of protection granted.
  • You may struggle to stop competitors copying your brand, face costly disputes or even risk being forced to rebrand if someone else registers it first.

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