Filing a trade mark is an essential first step for any business owner who wishes to protect the distinctiveness of their brand. With a registered trade mark, one is able to rely on the law for straightforward protection, unlike unregistered trade marks, which require complex processes for defending.
Conducting a UK trade mark search beforehand ensures that your chosen mark does not conflict with existing rights. In order to successfully register a trade mark in the UK, it is crucial to understand the required criteria:
1. Eligibility of the trade mark
The first step is to ensure that your trade mark is something that can be represented graphically and distinguishes the goods and/or services of your business.
- It can be a name, a logo, a slogan, or even a colour, pattern, sound, smell or taste, amongst many other identifiers.
- If you wish to search registered trade marks in the UK to browse some examples, this can be done through the UK Intellectual Property Office (UKIPO).
2. Distinctiveness
The trade mark must be distinctive. It cannot closely resemble any other existing marks, as this could result in a likelihood of confusion. The more unique it is, the easier it is to trade mark in the UK and protect.
- Think highly creative names like “Google.”
3. Descriptiveness
The trade mark can not be descriptive in nature. It must not simply describe common characteristics related to the goods or services of the business.
- For example, a company that sells apples cannot trade mark “Apple Co.” However, “Apple Inc.” was able to use it due to their use of the term in a non-descriptive way, as they are a tech company.
4. Actual or Intended Use
The applicant must be currently using the trade mark in good faith or genuinely intends to use it for the business purposes specified within 5 years of registration. This is a critical aspect of trade mark applications in the UK.
5. Lawful
Lastly, a trade mark that does not comply with legal, ethical and societal standards, cannot be considered for registration.
A UK trade mark must not:
- Promote illegal activities, such as the sale of illegal drugs
- Be offensive, immoral, or vulgar
- Be deceptive to the public
- Be contrary to public policy
- Include prohibited symbols, including but not limited to, national flags and protected emblems
Seek legal assistance for UK trade mark registrations
Without legal assistance, you run a higher risk of finding out that the trade mark application not cover all of the key requirements necessary, making the trade mark subject to opposition, delaying or preventing successful registration.
A UK trade mark lawyer will help you by ensuring that your trade mark meets all criteria and conducting proper due diligence beforehand. This will ensure legal protection and confidently establish your brand identity.
For expert guidance in registering a UK trade mark, contact Freeman Harris Solicitors.
