Trade Mark Lawyers

Common Trade Mark Questions

• How do you register a trademark?

  Filing and registering a trademark can be quite complex, so it is highly recommended by the government that you use an intellectual property attorney. Registering a trademark is a multi-stage process and you can see a breakdown of the process at our blog here.

  Trademarks are registered in ‘classes‘ that outline the classification of your goods or services. Each class has thousands of descriptions, and if you get it wrong your application could be rejected or your legal protection will not cover you completely.

  Say, you run a café, you might register under Class 43 ‘services for providing food and drink’. But what if you also intend to sell your packaged tea by the till? You’ll need a separate class for that. You know your ‘tea and toast’ deal is going to be really popular and you want to sell your jars of jam as well? That’s a different class again. It’s very easy to make mistakes, and a trademark in the wrong class can be useless. These small differences can be very important, and this is why you should always seek guidance from a specialist intellectual property attorney.

• What actually is a trademark?

  Good question! You can find out more on our blog post on what is a trade mark here.

• Which country/region can I file my trademark in?

  Trademarks are territorial in nature and they need registration in each country individually. There are also multinational registration systems for example the European Union trademark registration system. International registrations are also possible. Costs depend on the number of jurisdictions where you want to obtain protection and the number of Classes included in your application.

  UK
  If you are only going to trade in the UK, it is cheapest for you to register your trademark only in the UK. This covers filing and bringing to registration your trademark, provided no objections arise from the UKIPO and no third parties oppose the registration of your trademark.

  European Union (EU)
  If you are going to trade in the EU and wish to obtain registration throughout the 27 countries of the EU, you will need a EU Trademark. The service covers filing and registering your trademark, provided no objections are raised from the examiner and no third parties oppose the registration of your trademark.

  International
  If you are looking to trade internationally, it is advisable to seek registration of an International Registration with the World Intellectual Property Organization (WIPO) which allows a trademark owner to extend its protection throughout most countries in the world.

• Can I sell my trademark?

  Trademarks are your property, and like other property rights, they may be sold, franchised, or licensed to others.

• How long do trademarks last?

  Provided all government fees have been paid, a trademark lasts ten years. Registration can be renewed an unlimited number of times after ten years.

• I've registered my company name with Company House. Why do I need a trademark?

  Provided that all government fees have been paid, a trademark lasts ten years. Registration can be renewed an unlimited number of times after ten years.

  Registering a company or partnership name does not provide protection as a trademark, and you’ll have to register your trademark separately. In fact, registration of a company name only stops a third party from registering their company under the same name. It does not stop a third party from using your company name in their branding or as their trademark. If you register your company name as your trademark, you can prevent this from happening.

• Can I trademark my domain name?

  Absolutely. You simply need to use your domain name as if it were a trademark and register it following the usual processes.

• Where do I register my trade mark?

  Trademarks are territorial in nature, and they need registration in each country individually.

  • UK – If your business trades solely within the UK, it is generally more cost-effective to register your trade mark only in the UK. This process covers the filing and registration of your trade mark, provided there are no objections raised by the UKIPO and no third-party oppositions to the registration.
  • European Union (EU) – If you plan to trade across the EU and want protection in all 27 EU member states, you will need to apply for an EU Trade Mark. This process includes the filing and registration of your trade mark, subject to examiner approval and the absence of oppositions from third parties.
  • International – For businesses operating on an international scale, it is advisable to secure International Registration through the World Intellectual Property Organization (WIPO). This option provides protection in multiple countries, simplifying the process of filing and registering your trade mark, provided no objections are raised.