Businesses use their trade mark to distinguish their products or services from their competitors, and make sure their customers know who they are buying from. But unless you register them as a trade mark, you do not own the legal rights to your brand name or logo.

So what does having a UK trademark mean, and what can be registered as a trade mark?

What does having a UK Trademark mean?

A trade mark is a word or symbol that uniquely identifies a brand’s products or services.

 Once your brand is known and recognised, your trade mark becomes a sign of quality, and an excellent selling point for your products. It is something you will want to protect, since your name and logo are central to your brand and reputation.

By registering your trade mark, you gain legal rights over the use of that name or logo. No other business can use it on their own products or services without your permission. You can even make a claim against any logo or name that is too similar to yours, if you feel it is damaging your reputation.

In addition, once you own your trade mark, you have the option to lease or sell it to other businesses in the future should you choose to.

However, it’s important to note, that a trademark that is registered in the UK will only be protected within the UK. If you operate outside of the UK, you’ll need to register a European or international trade mark separately to protect your brand abroad.

What can be registered as a UK trademark?

The first thing you need to know before deciding on your trade mark is whether it can be registered. Trade mark rules in the UK govern what can and cannot be registered.

Here are some of the rules you will need to adhere to when you create your new trade mark:

• Your trade mark must be distinctive, unique to your business and not easily confused with any existing brand names or logos.
• It can include any of the following: words, images, colours, shapes, animation and sounds.
• It cannot include three dimensional shapes.
• Trade marks should not describe the products or services you supply, but rather reflect who you are as a business.
• A trade mark cannot be offensive – for example containing swear words or an inappropriate image
• It must not be misleading – i.e. using the term “organic” if your produce is not organic.
• Nor should it be overly generic, such as “the best on the market”
• Finally, your trade mark must not too closely resemble any state flag or symbol, as set out by World Intellectual Property Organization guidelines                                                                                                                    

How to register a UK trademark

To register your trade mark, you will need to submit an application to the UK Intellectual Property Office (IPO). The process typically takes around four months, provided no one opposes your application.

Following your application being submitted, you will receive feedback within 8 weeks (40 days). You then have a further 2 months to resolve to any issues raised.

Once the IPO is happy with your application, it will then be published in the trade marks journal for 2 months, during which time members of the public have the right to oppose it. At the end of the 2 month period, you will need to wait a further 2 weeks to ensure all oppositions have been received.

If your application is opposed, you have the option to either withdraw it, speak to the person who has make the objection, or defend your application.

Your trademark will be registered once any potential objections have been resolved, and you will receive a certificate.

Once registered, your trade mark lasts for 10 years.

Help with your Trademark Registration

Since the trade mark application fee is non-refundable, it’s important to make sure all your paperwork is correctly completed before it is submitted.

The Legal Stop offers a fixed-fee UK trademark registration service for £350.

The service includes:

• A Trademark Search to ensure your trade mark is not already taken and fits within the criteria for registerable trade marks in the UK
• Drafting and Submission of your registration application
• Monitoring the progress of your application and responding to any issues that may be raised by the Trade Mark Office.

For more information, get in touch with our legal team and we will be happy to answer any questions you may have.

The contents of this article do not constitute legal advice and are provided for general information purposes only.

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